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This is a Bill, not an Act. For current law, see the Acts databases.
ACT CIVIL AND ADMINISTRATIVE TRIBUNAL LEGISLATION AMENDMENT BILL 2008 (NO 2)
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
ACT Civil
and Administrative Tribunal Legislation Amendment Bill 2008 (No
2)
Contents
Page
Part 1.1 ACT Civil
and Administrative Tribunal Act 2008 3
Part 1.2 Adoption
Act 1993 10
Part 1.3 Adoption
Regulation 1993 12
Part 1.4 Agents Act
2003 16
Part 1.5 Agents
Regulation 2003 17
Part 1.6 Animal
Diseases Act 2005 17
Part 1.7 Animal
Diseases Regulation 2006 18
Part 1.8 Animal
Welfare Act 1992 21
Part 1.9 Annual
Leave Act 1973 26
Part
1.10 Associations Incorporation Act
1991 28
Part 1.11 Births,
Deaths and Marriages Registration Act 1997 31
Part 1.12 Board of
Senior Secondary Studies Act 1997 33
Part 1.13 Boxing
Control Act 1993 36
Part 1.14 Building
Act 2004 38
Part 1.15 Canberra
Institute of Technology Act 1987 38
Part 1.16 Casino
Control Act 2006 40
Part 1.17 Cemeteries
and Crematoria Act 2003 45
Part 1.18 Charitable
Collections Act 2003 48
Part 1.19 Civil
Partnerships Act 2008 52
Part
1.20 Classification (Publications, Films and
Computer Games) (Enforcement) Act 1995 53
Part 1.21 Clinical
Waste Act 1990 56
Part 1.22 Common
Boundaries Act 1981 58
Part 1.23 Community
Title Act 2001 71
Part 1.24 Consumer
Credit (Administration) Act 1996 74
Part
1.25 Cooperatives Act
2002 75
Part 1.26 Crimes
(Child Sex Offenders) Act 2005 78
Part 1.27 Dangerous
Substances Act 2004 80
Part 1.28 Dangerous
Substances (Explosives) Regulation 2004 85
Part 1.29 Dangerous
Substances (General) Regulation 2004 88
Part 1.30 Domestic
Animals Act 2000 90
Part 1.31 Domestic
Animals Regulation 2001 91
Part 1.32 Duties Act
1999 95
Part 1.33 Education
Act 2004 96
Part 1.34 Electoral
Act 1992 104
Part
1.35 Electricity (Greenhouse Gas Emissions) Act
2004 112
Part
1.36 Electricity (Greenhouse Gas Emissions)
Regulation 2004 115
Part
1.37 Electricity Safety Act
1971 119
Part
1.38 Emergencies Act
2004 122
Part
1.39 Environment Protection Act
1997 126
Part 1.40 Fair
Trading (Consumer Affairs) Act 1973 134
Part 1.41 Financial
Management Act 1996 137
Part 1.42 First Home
Owner Grant Act 2000 138
Part 1.43 Fisheries
Act 2000 140
Part 1.44 Food Act
2001 142
Part 1.45 Freedom of
Information Act 1989 144
Part 1.46 Gambling
and Racing Control (Code of Practice) Regulation 2002 151
Part 1.47 Gaming
Machine Act 2004 152
Part 1.48 Gas Safety
Act 2000 158
Part 1.49 Gas Safety
Regulation 2001 160
Part
1.50 Guardianship and Management of Property
Regulation 1991 163
Part 1.51 Gungahlin
Drive Extension Authorisation Act 2004 164
Part 1.52 Hawkers
Act 2003 165
Part 1.53 Health Act
1993 168
Part 1.54 Health
Regulation 2004 169
Part 1.55 Hemp Fibre
Industry Facilitation Act 2004 170
Part 1.56 Housing
Assistance Act 2007 172
Part
1.57 Interactive Gambling Act
1998 175
Part
1.58 Intoxicated People (Care and Protection)
Act 1994 180
Part 1.59 Lakes Act
1976 185
Part 1.60 Land Rent
Act 2008 188
Part 1.61 Lands
Acquisition Act 1994 188
Part 1.62 Land Tax
Act 2004 200
Part 1.63 Legal Aid
Act 1977 201
Part 1.64 Legal
Profession Act 2006 202
Part 1.65 Legal
Profession Regulation 2007 203
Part
1.66 Legislation Act
2001 203
Part
1.67 Legislative Assembly (Members’
Superannuation) Act 1991 204
Part 1.68 Liquor Act
1975 207
Part 1.69 Liquor
Regulation 1979 207
Part 1.70 Litter Act
2004 207
Part 1.71 Long
Service Leave Act 1976 209
Part 1.72 Long
Service Leave (Building and Construction Industry) Act
1981 210
Part 1.73 Long
Service Leave (Contract Cleaning Industry) Act 1999 216
Part
1.74 Magistrates Court Act
1930 222
Part 1.75 Motor
Sport (Public Safety) Act 2006 223
Part 1.76 Nature
Conservation Act 1980 225
Part
1.77 Occupational Health and Safety Act
1989 228
Part
1.78 Occupational Health and Safety
(Certification of Plant Users and Operators) Regulation
2000 230
Part 1.79 Ombudsman
Act 1989 234
Part 1.80 Payroll
Tax Act 1987 235
Part 1.81 Pest
Plants and Animals Act 2005 239
Part 1.82 Planning
and Development Regulation 2008 241
Part 1.83 Public
Advocate Act 2005 242
Part 1.84 Public
Health Regulation 2000 244
Part 1.85 Race and
Sports Bookmaking Act 2001 245
Part 1.86 Racing Act
1999 258
Part 1.87 Radiation
Protection Act 2006 261
Part 1.88 Rates Act
2004 264
Part
1.89 Residential Tenancies Act
1997 265
Part 1.90 Roads and
Public Places Act 1937 267
Part 1.91 Road
Transport (General) Act 1999 269
Part 1.92 Road
Transport (General) Regulation 2000 274
Part 1.93 Road
Transport (Public Passenger Services) Regulation 2002 275
Part 1.94 Road
Transport (Vehicle Registration) Regulation 2000 276
Part 1.95 Stock Act
2005 278
Part 1.96 Supreme
Court Act 1933 280
Part 1.97 Taxation
Administration Act 1999 280
Part 1.98 Tobacco
Act 1927 289
Part 1.99 Trade
Measurement Act 1991 290
Part 1.100 Training
and Tertiary Education Act 2003 293
Part 1.101 Tree
Protection Act 2005 296
Part 1.102 Unit
Titles Act 2001 301
Part 1.103 Utilities
Act 2000 306
Part 1.104 Victims
of Crime Regulation 2000 324
Part 1.105 Waste
Minimisation Act 2001 333
Part 1.106 Water and
Sewerage Act 2000 335
Part 1.107 Water and
Sewerage Regulation 2001 336
Part 1.108 Water
Resources Act 2007 338
Part 1.109 Workers
Compensation Act 1951 342
Part 1.110 Workers
Compensation Regulation 2002 343
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
ACT Civil and
Administrative Tribunal Legislation Amendment Bill 2008 (No
2)
A Bill for
An Act to amend legislation in relation to tribunals and other bodies, the
functions of which are to be conferred on the ACT Civil and Administrative
Tribunal, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the ACT Civil and Administrative Tribunal Legislation
Amendment Act 2008 (No 2).
(1) This Act, other than part 1.56 (Housing Assistance Act 2007),
commences on the commencement of the ACT Civil and Administrative Tribunal
Act 2008, section 6 (Objects of Act).
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
(2) Part 1.56 commences on the later of—
(a) the commencement of the ACT Civil and Administrative Tribunal Act
2008, section 6; and
(b) the commencement of the Housing Assistance Amendment
Act 2008, section 9 (New part 6A).
3 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
Schedule
1 Legislation
amended
(see s 3)
Part
1.1 ACT Civil and Administrative
Tribunal Act 2008
[1.1] New
sections 22R and 22S
in division 4A.5, insert
22R People who make certain
decisions
(1) In this Act or an authorising law, a reference to a person (the
decision-maker) who makes an internally reviewable decision or
reviewable decision includes, if the decision-maker is an unincorporated body,
the Territory or a territory authority, a reference to the body, Territory or
authority.
(2) In this section:
internally reviewable decision means a reviewable decision
that, under an authorising law, may be internally reviewed or reconsidered
before review by the tribunal.
reviewable decision means a decision that, under an
authorising law, is reviewable by the tribunal.
22S Legal and financial assistance for certain
people
(1) This section applies to a person who, in relation to a matter arising
under this part—
(a) makes, or proposes to make, an application to the tribunal;
or
(b) is a party to an application before the tribunal made by another
person; or
(c) proposes to begin a proceeding for review of a decision, or is a party
to a proceeding, before a court.
(2) The person may apply to the Minister for assistance in relation to the
application or proceeding.
(3) The Minister may authorise the provision by the Territory of legal or
financial assistance determined by the Minister in relation to the application
or proceeding if satisfied that—
(a) it would involve hardship to the person to refuse the application; and
(b) in all the circumstances, it is reasonable that the application be
granted.
(4) The Minister may impose conditions on the authorisation to provide
assistance.
[1.2] Section
41 (1), note 1
substitute
Note 1 Documents may be produced electronically in certain
circumstances (see Electronic Transactions Act 2001).
omit
tribunal
substitute
presidential member
in division 6.3, insert
67B Internal review notice
(1) A person who makes an internally reviewable decision must take
reasonable steps to give written notice (an internal review
notice) of the decision to any person whose interests are affected by
the decision.
(2) Subsection (1) does not apply to a decision not to impose a liability,
penalty or limitation on a person if the decision does not adversely affect the
interests of another person.
(3) A regulation may prescribe—
(a) the time within which an internal review notice must be given;
and
(b) what a notice must or may contain; and
(c) any document or thing that must accompany a notice; and
(d) anything else in relation to a notice.
(4) A failure to comply with this section in relation to an internally
reviewable decision does not affect the validity of the decision.
(5) In this section:
internally reviewable decision means a reviewable decision
that, under an authorising law, may be internally reviewed or reconsidered
before review by the tribunal.
reviewable decision—see section 67A.
insert
Part 9A ACAT trust
account
115A Definitions—pt 9A
In this part:
ACAT trust account—see section 115B (2).
trust amount means an amount mentioned in section 115B (1).
115B ACAT trust account
(1) The following amounts are held on trust by the Territory:
(a) amounts paid to the Territory under this Act;
(b) amounts that may or must be paid into the ACAT trust account under an
authorising law;
(c) interest on the amounts.
Note The Financial Management Act 1996, pt 7 sets out how
trust amounts are to be held and administered.
(2) The chief executive must open and maintain a trust account
(the ACAT trust account) for the trust amounts.
(3) The chief executive must keep a record of the trust amounts paid into
the ACAT trust account under this Act and each authorising law.
(4) In this section:
interest—see the Financial Management Act 1996,
dictionary.
115C Use of trust amounts
(1) If a trust amount is paid into the ACAT trust account under an
authorising law, the amount may be used only—
(a) if a purpose is stated in the authorising law in relation to the
amount—the stated purpose; or
(b) if a purpose is prescribed by regulation for the amount—the
prescribed purpose.
(2) Any other trust amount may be used—
(a) to meet the recurrent costs of remuneration and administration of the
ACAT; or
(b) to reimburse the Territory for the costs of administering this Act;
or
(c) for a purpose prescribed by regulation.
substitute
119 Legislation repealed
(1) The following Acts are repealed:
(a) Administrative Appeals Tribunal Act 1989 (A1989-51);
(b) Consumer and Trader Tribunal Act 2003
(A2003-16).
(2) The following legislative instruments under the Administrative
Appeals Tribunal Act 1989 are repealed:
(a) Administrative Appeals Tribunal (Code of Practice for Notification
of Reviewable Decisions and Rights of Review) Determination 1994
(DI1994-148);
(b) Administrative Appeals Tribunal Act 1989—Form
1—Summons (AF2001-58).
(3) Also, the following legislative instruments are repealed:
(a) Consumer Credit (Administration) Act
1996—Appointment (DI1997-87);
(b) Consumer Credit (Administration) Act
1996—Appointment (DI1997-88);
(c) Consumer Credit (Administration) Act
1996—Appointment (DI1998-246);
(d) Consumer Credit (Administration) Act
1996—Appointment (DI1998-247);
(e) Consumer Credit (Administration) Act
1996—Appointment (DI1998-275);
(f) Credit Act 1985—Appointment (DI1996-174);
(g) Credit Act 1985—Appointment (DI1996-176);
(h) Credit Act 1985—Appointment (DI1996-177);
(i) Credit Act 1985—Appointment
(DI1996-179);
(j) Credit Act 1985—Appointment (DI1996-245);
(k) Discrimination Act 1991—Form 1—Subpoena
(AF2007-27);
(l) Health Professionals (Tribunal) Appointment 2005 (No 1)
(NI2005-266);
(m) Legal Profession (Disciplinary Tribunal) Appointment 2008 (No
2) (DI2008–175);
(n) Liquor Licensing Board Appointment 2003 (No 1)
(DI2003-296);
(o) Liquor Licensing Board Appointment 2004
(DI2004-268);
(p) Liquor Licensing Board Appointment 2006 (DI2006-75);
(q) Liquor Licensing Board Appointment 2007 (DI2007-99);
(r) Liquor Licensing Board Appointment 2008 (DI2008-98);
(s) Remuneration Tribunal (Notification of Offices and Appointments)
2006 (No 1) (NI2006-350);
(t) Remuneration Tribunal (Specification of offices and appointments)
2003 (No 5) (NI2003-425);
(u) Residential Tenancies Act 1997—Form 1—Termination
notice (AF2002-87);
(v) Residential Tenancies (Criteria) Determination 1998
(DI1998-82);
(w) Residential Tenancies Tribunal Appointment 2007 (No 1)
(DI2007-229);
(x) Residential Tenancies Tribunal Appointment 2007 (No 2)
(DI2007-230);
(y) Residential Tenancies Tribunal Appointment 2008 (No 1)
(DI2008-176);
(z) Residential Tenancies Tribunal Appointment 2008 (No 2)
(DI2008-177);
(za) Residential Tenancies (Tribunal) Selection 2005 (No 2)
(DI2005-248);
(zb) Residential Tenancies Tribunal Selection 2008 (No 2)
(DI2008-178).
insert
308 Trust money
(1) Trust money held immediately before the commencement
day—
(a) is, for this Act, an amount received under the Agents Act 2003;
and
(b) must, as soon as practicable, be paid into the ACAT trust
account.
Note The Financial Management Act 1996, s 51B deals with
transfers of amounts between trust banking accounts.
(2) In this section:
trust money—see the pre-amendment Act, section
162.
[1.8] Dictionary,
new definitions
insert
ACAT trust account, for part 9A (ACAT trust
account)—see section 115B (2).
internal review notice—see section 67B (1).
trust amount, for part 9A (ACAT trust account)—see
section 115B (1).
Part
1.2 Adoption Act
1993
substitute
(5) If, at the end of 14 days after the applicant has requested the chief
executive to reconsider the decision, the applicant has not been notified of the
decision on the reconsideration, the chief executive is taken to have
reconsidered and confirmed the decision.
insert
Part 7A Notification and review of
decisions
102 Meaning of reviewable decision—pt
7A
In this part:
reviewable decision means a decision prescribed by
regulation.
103 Reviewable decision notices
(1) If a person makes a reviewable decision, the person must give a
reviewable decision notice only to each entity prescribed by regulation in
relation to the decision.
(2) If a child is prescribed by regulation for subsection (1), the chief
executive must give a reviewable decision notice to the child only if the chief
executive considers it is appropriate to give the notice to the child having
regard to the child’s age.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
103A Applications for review
An entity prescribed by regulation in relation to a reviewable decision may
apply to the ACAT for review of the decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.11] Sections
109 and 110
omit
[1.12] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.13] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.14] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 7A (Notification and review of
decisions)—see section 102.
Part
1.3 Adoption Regulation
1993
[1.15] Sections
30 and 30A
substitute
30 Reviewable decisions—Act, s 102, def
reviewable decision
A decision mentioned in schedule 2, column 3, under a provision mentioned
in column 2 in relation to the decision is prescribed.
30A Right of review and notice—Act, s 103 and s
103A
An entity mentioned in schedule 2, column 4 is prescribed.
insert
Schedule 2 Reviewable
decisions
(see s 30 and s 30A)
Note If a child is mentioned in col 4 in relation to a decision, the
chief executive must give a notice to the child only if the chief executive
considers it appropriate, having regard to the age of the child (see Act,
s 103 (2)).
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
Act, 17 (4)
|
confirm or vary decision under section 16 (1) (a)
|
person who requested review of decision
|
2
|
Act, 32
|
deny access
|
person denied access or person who has custody of child or child
|
3
|
Act, 38
|
refuse to declare that child is under chief executive’s
guardianship
|
requesting authority in State or another Territory or person with whom
child has been placed with view to adoption or child
|
4
|
Act, 62
|
refuse to give information, request authority to give information, or make
enquires
|
applicant for information
|
5
|
Act, 62 (3)
|
refuse to cause search to be made in register of births or refuse to issue
copy of, or extract from, search or notification of result of search
|
applicant for search
|
6
|
Act, 68 (7)
|
withhold information
|
applicant for information
|
7
|
Act, 72 (1)
|
supply document or information when applicant has not attended interview
with approved counsellor
|
applicant for document or information
|
8
|
Act, 72 (4)
|
refuse to approve person as counsellor
|
person refused approval
|
9
|
Act, 82
|
refuse to grant approval of private adoption agency
|
principal officer of organisation
|
10
|
Act, 85
|
revoke or suspend approval
|
principal officer of organisation that has approval revoked or
suspended
|
11
|
Act, 92
|
deny approval of communication
|
person who seeks approval to communicate or child or adoptive
parent
|
12
|
Act, 92 (b)
|
approve communication subject to conditions or restrictions
|
person who seeks approval to communicate or child or adoptive
parent
|
13
|
Act, 94 (2) (b)
|
refuse to approve payment in respect of hospital and medical
expenses
|
adoptive parent or birth mother of child or person who sought approval of
payment
|
14
|
Act, 94 (2) (c)
|
refuse to authorise payment or reward
|
adoptive parent or birth mother of child or person who sought approval of
payment or reward
|
15
|
Act, 96 (2)
|
refuse to approve advertising or other matter
|
person who seeks approval of advertisement or other matter or child
|
16
|
16 (a)
|
refuse to approve tertiary qualification in social work or in appropriate
social science
|
person who seeks appointment as principal officer of private adoption
agency
|
17
|
17 (a)
|
refuse to approve course in social work
|
person who seeks to act for or on behalf of private adoption
agency
|
[1.17] Sections
162 and 163
substitute
162 Amounts received under Act
(1) This section applies to all amounts paid to the Territory under this
Act.
(2) The chief executive must pay the amounts into the ACAT trust
account.
163 Determination and payment of amounts for
compensation fund
(1) As soon as practicable after the beginning of a financial year, the
Minister must determine an amount for the compensation fund, if the Minister
considers it necessary to increase the amount in the compensation fund to meet
the likely claims against the fund during the financial year.
(2) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) If the amount paid into the ACAT trust account under this Act and
available when the Minister makes the determination is at least the determined
amount, the amount must be paid from the trust account into the compensation
fund.
(4) If the amount paid into the ACAT trust account under this Act and
available when the Minister makes the determination is less than the determined
amount, the whole amount must be paid into the compensation fund.
Part
1.5 Agents Regulation
2003
omit
Part
1.6 Animal Diseases Act
2005
substitute
Part 7 Notification and review of
decisions
85 Meaning of reviewable decision—pt
7
In this part:
reviewable decision means a decision prescribed by
regulation.
86 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity prescribed by regulation in relation to the
decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008,
s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
86A Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity prescribed by regulation in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.20] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.21] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 7 (Notification and review of
decisions)—see section 85.
Part
1.7 Animal Diseases Regulation
2006
[1.22] Sections
38 and 39
substitute
38 Reviewable decisions—Act, s 85, def
reviewable decision
A decision mentioned in schedule 1, column 3, under a provision mentioned
in column 2 in relation to the decision is prescribed.
39 Right of review and notice—Act, s 86 and 86A
(a)
An entity mentioned in schedule 1, column 4 is prescribed.
insert
Schedule 1 Reviewable
decisions
(see s 38 and s 39)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
Act, 11 (2)
|
refuse to issue certificate that premises are free of disease
|
applicant for certificate
|
2
|
Act, 18 (1)
|
give direction to prevent or control spread of endemic disease
|
owner or person in charge of animal given direction
|
3
|
Act, 18 (3)
|
give direction to keep animal at stated premises for stated time
|
owner or person in charge of animal given direction
|
4
|
Act, 23 (4)
|
refuse to give consent to alteration etc of quarantine notice
|
entity that seeks consent
|
5
|
Act, 24 (2)
|
refuse to give approval for animal to enter or leave quarantine
area
|
entity that seeks approval
|
6
|
Act, 32 (2)
|
refuse to give approval to thing that communicates disease or disease
agent
|
entity that seeks approval
|
7
|
Act, 33 (2)
|
refuse to give approval to use—
(a) virus, vaccine or other biological product containing living organisms
for treatment or prevention of exotic or endemic disease; or
(b) biological product containing something derived from living organism
for diagnosis of exotic or endemic disease
|
entity that seeks approval
|
8
|
Act, 35 (3)
|
refuse to give approval to—
(a) sell, move, abandon, hide or leave animal carcass, part of carcass near
road, creek or waterhole; or
(b) dispose of animal carcass or part of carcass
|
entity that seeks approval
|
9
|
Act, 36 (2)
|
refuse to give approval to damage, interfere with or remove fence or other
structure securing animal
|
entity that seeks approval
|
10
|
Act, 42
|
refuse to issue tag number
|
applicant for tag number
|
11
|
Act, 50
|
cancel tag number
|
entity that has tag number cancelled
|
12
|
Act, 60 (5)
|
refuse to give approval to feed restricted feed material to ruminant for
research purposes
|
applicant for approval
|
13
|
7
|
refuse to approve tag
|
applicant for approval
|
14
|
8
|
refuse to approve way of using tag
|
applicant for approval
|
15
|
9
|
refuse to approve NLIS device
|
applicant for approval
|
16
|
29
|
refuse to approve special purpose tag
|
applicant for approval
|
17
|
36
|
refuse to approve property identifier code
|
applicant for approval
|
Part
1.8 Animal Welfare Act
1992
[1.24] Sections
34 (5), 46 (5), 59A (5), 71 (5) and 73D (3), note
omit
Section 108 (Notice of reviewable decisions)
substitute
Section 107A
[1.25] Section
73G (1) (b)
omit
section 108 (Notice of reviewable decisions)
substitute
section 107A (Reviewable decision notices)
substitute
Part 8 Notification and review of
decisions
107 Meaning of reviewable
decision—pt 8
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
107A Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
108 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
substitute
Schedule 1 Reviewable
decisions
(see pt 8)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
27 (1) (a) and 30
|
grant or renew licence for period less than 3 years
|
applicant for licence or renewal
|
2
|
27 (1) (b)
|
refuse to grant or renew licence
|
applicant for licence or renewal
|
3
|
28 (b)
|
put condition on licence
|
licensee
|
4
|
34 (1)
|
amend licence
|
licensee
|
5
|
34 (1)
|
amend licence in way other than the way applied for
|
applicant for amendment
|
6
|
34 (1)
|
refuse to amend licence
|
applicant for amendment
|
7
|
38 (1) (a) and 41
|
grant or renew authorisation for period less than 3 years
|
applicant for authorisation or renewal
|
8
|
38 (1) (b)
|
refuse to grant or renew authorisation
|
applicant for authorisation or renewal
|
9
|
39 (b)
|
put condition on authorisation
|
entity that holds authorisation
|
10
|
46 (1)
|
amend authorisation
|
entity that holds authorisation
|
11
|
46 (1)
|
amend authorisation in way other than way applied for
|
applicant for amendment
|
12
|
46 (1)
|
refuse to amend authorisation
|
applicant for amendment
|
13
|
49B (3)
|
end application of s 49B (1) to researcher
|
interstate researcher
|
14
|
55 (1) (b)
|
refuse to grant or renew circus or travelling zoo permit
|
applicant for permit or renewal
|
15
|
56 (b)
|
put condition on circus or travelling zoo permit
|
permit holder
|
16
|
59A (1)
|
amend circus or travelling zoo permit
|
permit holder
|
17
|
59A (1)
|
amend circus or travelling zoo permit in way other than way applied
for
|
applicant for amendment
|
18
|
59A (1)
|
refuse to amend circus or travelling zoo permit
|
applicant for amendment
|
19
|
64 (1) (a) and 67
|
grant or renew trapping permit for period less than 3 years
|
applicant for permit or renewal
|
20
|
64 (1) (b)
|
refuse to grant or renew trapping permit
|
applicant for permit or renewal
|
21
|
65 (b)
|
put condition on trapping permit
|
permit holder
|
22
|
71 (1)
|
amend trapping permit
|
permit holder
|
23
|
71 (1)
|
amend trapping permit in way other than way applied for
|
applicant for amendment
|
24
|
71 (1)
|
refuse to amend trapping permit
|
applicant for amendment
|
25
|
73D
|
take regulatory action
|
approved person against whom action taken
|
26
|
73E
|
suspend approval immediately
|
approved person whose approval suspended
|
27
|
95 (2) (a)
|
approve claim for compensation for particular amount
|
claimant for compensation
|
28
|
95 (2) (b)
|
refuse to approve claim for compensation
|
claimant for compensation
|
[1.28] Dictionary,
note 2, dot points
omit
• AAT
[1.29] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.30] Dictionary,
definition of reviewable decision
substitute
reviewable decision, for part 8 (Notification and review of
decisions)—see section 107.
Part
1.9 Annual Leave Act
1973
[1.31] Section
14G (4), new note
insert
Note The notice must be in the form of a reviewable decision notice
(see ACT Civil and Administrative Tribunal Act 2008, s 67A).
substitute
14H Review by ACAT
(1) This section applies to a decision (the reviewable
decision) mentioned in table 14H, column 3, under a provision of this
Act mentioned in column 2 in relation to the decision.
(2) If a person makes a reviewable decision, the person must give a
reviewable decision notice to each entity mentioned in table 14H, column 4 in
relation to the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
(3) The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in table 14H, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
Table 14H Reviewable decisions
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
7 (2)
|
further period within which annual leave must be taken
|
employee
|
2
|
14G
|
uphold, revoke or amend terms of requirement made of the employer
|
employer
|
[1.33] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.10 Associations Incorporation Act
1991
[1.34] Part
10 heading and sections 118 and 119
substitute
Part 10 Notification and review of
decisions
118 Meaning of reviewable decision—pt
10
In this part:
reviewable decision means a decision mentioned in
schedule 3, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
119 Reviewable decision notices
If the registrar-general makes a reviewable decision, the registrar-general
must give a reviewable decision notice to each entity mentioned in schedule 3,
column 4 in relation to the decision.
Note 1 The registrar-general must also take reasonable steps to give
a reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
119A Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 3, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
Part 11 Miscellaneous
insert
Schedule 3 Reviewable
decisions
(see pt 10)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
13 (1)
|
refuse to receive or register document submitted for lodgment
|
association lodging document
|
2
|
19
|
refuse application for incorporation of association or proposed
association
|
applicant for incorporation
|
3
|
27
|
refuse application for incorporation of amalgamating associations
|
applicant for incorporation
|
4
|
39 (1)
|
direct association to change name
|
association given direction
|
5
|
83 (8)
|
cancel incorporation of association
|
association that has incorporation cancelled
|
6
|
93 (3)
|
cancel incorporation of association
|
association that has incorporation cancelled
|
7
|
114
|
withhold approval to invitation for investment in incorporated
association
|
association that seeks approval
|
8
|
120 (1)
|
refuse application for extension of time
|
applicant for extension of time
|
9
|
120 (2)
|
vary or revoke grant of extension of time
|
association that has extension of time varied or revoked
|
[1.36] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.37] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 10 (Notification and review of
decisions)—see section 118.
Part
1.11 Births, Deaths and Marriages
Registration Act 1997
substitute
Part 8 Notification and review of
decisions
53 Meaning of reviewable decision—pt
8
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
54 Reviewable decision notices
If the registrar-general makes a reviewable decision, the registrar-general
must give a reviewable decision notice to each person mentioned in schedule 1,
column 4 in relation to the decision.
Note 1 The registrar-general must also take reasonable steps to give
a reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
55 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) a person mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 8)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
person
|
1
|
12 (a)
|
assign name to child
|
parent
|
2
|
20 (2)
|
refuse to register change of name
|
applicant
|
3
|
20 (5)
|
refuse to register change of name
|
applicant
|
4
|
26 (b)
|
refuse to alter register to record change of sex
|
applicant
|
5
|
68
|
refuse to refund or remit payment of fee or part of fee
|
applicant
|
[1.40] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.41] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 8 (Notification and review of
decisions)—see section 53.
Part
1.12 Board of Senior Secondary Studies
Act 1997
[1.42] Sections
27E and 27F
substitute
Part 4A Notification and review of
decisions
27E Meaning of reviewable decision—pt
4A
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
27F Reviewable decision notices
If the board makes a reviewable decision, the board must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The board must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
27G Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 4A)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
27A
|
refuse to approve application for approval as specialist education
provider
|
applicant
|
2
|
27C
|
suspend approval of specialist education provider
|
specialist education provider
|
3
|
27D
|
cancel approval of specialist education provider
|
specialist education provider
|
[1.44] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.45] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 4A (Notification and review of
decisions—see section 27E.
Part
1.13 Boxing Control Act
1993
substitute
Part 4 Notification and review of
decisions
18 Meaning of reviewable decision—pt
4
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
18A Reviewable decision notices
If the Minister makes a reviewable decision, the Minister must give a
reviewable decision notice only to each entity mentioned in schedule 1, column 4
in relation to the decision.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
19 Applications for review
An entity mentioned in schedule 1, column 4 in relation to a reviewable
decision may apply to the ACAT for review of the decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 4)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
8 (1) (b)
|
approve application subject to condition
|
applicant
|
2
|
8 (1) (c)
|
refuse to approve application
|
applicant
|
3
|
9
|
cancel approval to conduct boxing contest
|
person to whom approval given
|
4
|
13
|
refuse to approve body
|
body
|
5
|
14 (4) (b)
|
approve application subject to condition
|
applicant
|
6
|
14 (4) (c)
|
refuse to approve application
|
applicant
|
[1.48] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.49] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.50] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 4 (Notification and review of
decisions)—see section 18.
Part
1.14 Building Act
2004
omit
Part
1.15 Canberra Institute of Technology
Act 1987
substitute
Part 9 Notification and review of
decisions
61 Meaning of reviewable decision—pt
9
In this part:
reviewable decision means a decision mentioned in table 61,
column 3, under a provision of this Act mentioned in column 2 in relation to the
decision.
Table 61 Reviewable decisions
column 1 item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
19 (c)
|
refuse to admit person to course of study or instruction of institute or
examination the institute
|
person refused admission
|
2
|
19 (d)
|
refuse to confer award (other than honorary award) on person
|
person refused award
|
62 Reviewable decision notices
If the director makes a reviewable decision, the director must give a
reviewable decision notice to each entity mentioned in table 61, column 4 in
relation to the decision.
Note 1 The director must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
63 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in table 61, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.53] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.54] Dictionary,
definition of reviewable decision
substitute
reviewable decision, for part 9 (Notification and review of
decisions)—see section 61.
Part
1.16 Casino Control Act
2006
substitute
Part 9 Notification and review of
decisions
137 Meaning of reviewable
decision—Act
In this Act:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
138 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
139 Applications for review
The following people may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
omit everything before paragraph (a), substitute
(1) If the commission makes a reviewable decision in relation to the
security of the casino or an authorised game, the commission
must—
insert
Schedule 1 Reviewable
decisions
(see pt 9)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
13 (1)
|
refuse to approve sale or other disposal of owner’s interest in lease
of casino, or part of interest
|
applicant for approval
|
2
|
16 (1)
|
refuse to approve owner of casino entering into proposed lease with
proposed lessee
|
applicant for approval
|
3
|
18 (1)
|
refuse to approve amendment of casino lease
|
applicant for amendment
|
4
|
21 (2)
|
refuse to grant casino licence to person on ground that person not
eligible person
|
applicant for licence
|
5
|
22
|
put condition on casino licence (other than when granting
licence)
|
licensee
|
6
|
30 (1)
|
refuse to transfer casino licence
|
applicant for transfer
|
7
|
37 (3)
|
take disciplinary action against casino licensee
|
licensee
|
8
|
38 (1)
|
suspend or cancel casino licence
|
person whose licence is suspended or cancelled
|
9
|
44 (1)
|
refuse to approve application for casino employee licence
|
applicant for licence
|
10
|
44 (7)
|
put condition on casino employee licence
|
licensee
|
11
|
46 (3)
|
refuse to replace casino employee licence
|
applicant for replacement
|
12
|
47 (3)
|
refuse to renew casino employee licence
|
applicant for renewal
|
13
|
51 (1)
|
amend condition of casino employee licence on own initiative
|
licensee
|
14
|
51 (2)
|
refuse to amend condition of casino employee licence
|
applicant for amendment
|
15
|
52 (3)
|
refuse to amend casino employee licence
|
applicant for amendment
|
16
|
59 (3)
|
take disciplinary action against casino employee
|
employee
|
17
|
63 (1)
|
give direction to casino licensee
|
licensee
|
18
|
67 (1) (a)
|
reject plans showing changed or new layout
|
licensee
|
19
|
72
|
terminate supply contract
|
each party to contract
|
20
|
76 (4) (a)
|
reject proposed change to control procedures
|
licensee
|
21
|
76 (4) (b), (c) or (d) or (7)
|
give casino licensee direction in relation to control procedures
|
licensee
|
22
|
83 (2)
|
confirm, change or revoke exclusion notice
|
person given exclusion notice or licensee
|
23
|
84 (1)
|
exclude person from entering or remaining in casino
|
person given exclusion notice or licensee
|
24
|
87 (2)
|
refuse to revoke exclusion notice
|
person given exclusion notice
|
25
|
91 (1)
|
refuse to approve gaming equipment or chips
|
applicant for approval
|
26
|
93
|
suspend or cancel approval of gaming equipment or chips
|
licensee
|
27
|
94 (1)
|
refuse to authorise person to possess or use gaming equipment outside
casino
|
applicant for authorisation
|
28
|
94 (6)
|
refuse to authorise casino official to possess chips outside
casino
|
casino official or applicant for authorisation
|
29
|
95 (2)
|
refuse to declare game to be authorised game
|
licensee
|
30
|
95 (4)
|
include condition in relation to playing of authorised game
|
licensee
|
31
|
96
|
refuse to approve rules for authorised game
|
licensee
|
32
|
97
|
refuse to approve amendment of approved rules for authorised game
|
licensee
|
33
|
131 (2)
|
refuse to approve use of banking account
|
licensee
|
[1.58] Dictionary,
note 2, dot points
omit
• AAT
[1.59] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.60] Dictionary,
definition of reviewable decision
substitute
reviewable decision—see section 137.
Part
1.17 Cemeteries and Crematoria Act
2003
[1.61] Part
4 heading and sections 45 and 46
substitute
Part 4 Notification and review of
decisions
45 Meaning of reviewable decision—pt
4
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
46 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
46A Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
Part 5 Miscellaneous
insert
Schedule 1 Reviewable
decisions
(see pt 4)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
11 (1) (a)
|
determination of perpetual care trust percentage
|
operator of cemetery or crematorium
|
2
|
11 (1) (b)
|
determination of perpetual care trust reserve percentage
|
operator of cemetery or crematorium
|
3
|
17
|
issue improvement notice requiring operator to remedy consequences of
contravention of Act
|
operator of cemetery or crematorium
|
4
|
19
|
refuse to allow additional time to remedy consequences of contravention of
Act
|
operator of cemetery or crematorium
|
5
|
23
|
refuse to give permission to exhume human remains buried in
cemetery
|
applicant for permission
|
6
|
24
|
refuse to give permission to bury human remains other than at
cemetery
|
applicant for permission
|
[1.63] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.64] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 4 (Notification and review of
decisions)—see section 45.
Part
1.18 Charitable Collections Act
2003
[1.65] Section
36, except note
substitute
36 Notice and operation of decision to amend etc
licence
(1) If the chief executive suspends or cancels a licence under
section 35 (5), the reviewable decision notice given to the licensee
must include a statement about the effect of section 38 (Action to be taken by
former licensee when licence suspended or cancelled).
Note The decision to suspend or cancel a licence is a reviewable
decision (see s 57), and the chief executive must give a reviewable decision
notice to the licensee (see s 58).
(2) The amendment, suspension or cancellation of a licence takes effect
on—
(a) the 14th day after the day the reviewable decision notice about the
amendment, suspension or cancellation is given to the licensee; or
(b) if the notice states a later date of effect—the stated
date.
(3) If the chief executive amends a licence under section 35, the chief
executive must give the licensee an amended licence for the remainder of the
term of the licence amended.
substitute
Part 7 Notification and review of
decisions
57 Meaning of reviewable decision—pt
7
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
58 Reviewable decision notices
If the chief executive makes a reviewable decision, the chief executive
must give a reviewable decision notice to each entity mentioned in schedule 1,
column 4 in relation to the decision.
Note 1 The chief executive must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
59 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
substitute
Schedule 1 Reviewable
decisions
(see pt 7)
column 1
item
|
column 2
section
|
column 3
decision
|
column 4
entity
|
1
|
23 (1)
|
refuse to issue licence
|
applicant for licence
|
2
|
23 (1) and 24
|
issue licence subject to condition
|
applicant for licence
|
3
|
23 (1) and 25
|
issue licence for less than period applied for
|
applicant for licence
|
4
|
23 (1) and 27 (1)
|
issue licence for collections other than collections applied for
|
applicant for licence
|
5
|
34 (4)
|
refuse to amend licence in way applied for
|
licensee
|
6
|
35 (5)
|
amend, suspend or cancel licence
|
• person whose licence amended, suspended or cancelled
• if person whose licence amended, suspended or cancelled is
nominated person for unincorporated body—body’s executive
officer
|
7
|
37 (2)
|
give direction
|
licensee or, if person ceases to hold licence, the person
|
8
|
49 (4) (b)
|
refuse to approve auditor
|
applicant for approval
|
[1.68] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.19 Civil Partnerships Act
2008
[1.69] Sections
16 and 17
substitute
16 Reviewable decision notices
If the registrar-general makes a decision under section 8 (1) (b), the
registrar-general must give a reviewable decision notice to each person affected
by the decision.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
17 Application for review
A person whose interests are affected by a reviewable decision may apply to
the ACAT for review of the decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.70] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.20 Classification (Publications,
Films and Computer Games) (Enforcement) Act 1995
omit
[1.72] Sections
58 and 59
substitute
Part 7A Notification and review of
decisions
58 Meaning of reviewable decision—pt
7A
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
59 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
60 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 7A)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
54E (1) (b)
|
refuse to grant licence
|
applicant for licence
|
2
|
54E (2)
|
grant licence subject to conditions
|
applicant for licence
|
3
|
54K (1)
|
vary condition of licence
|
licensee
|
4
|
54N (1)
|
cancel licence
|
entity that has licence cancelled
|
5
|
54YB (1)
|
refuse to approve extension of defined period in relation to seized
film
|
applicant for extension
|
6
|
54YB (1)
|
approve extension of defined period in relation to seized film for period
less than that applied for
|
applicant for extension
|
7
|
54ZB (1)
|
destroy seized film
|
entity that had film seized
|
8
|
55
|
refuse to exempt film, publication, computer game or
advertisement
|
applicant for exemption
|
9
|
55
|
state provisions of Act from which film, publication, computer game or
advertisement is exempt
|
applicant for exemption
|
10
|
55
|
state conditions subject to which exemption is given
|
applicant for exemption
|
11
|
56
|
refuse to exempt organisation
|
applicant for exemption
|
12
|
56
|
state provisions of Act from which organisation is exempt
|
applicant for exemption
|
13
|
56
|
state conditions subject to which exemption is given
|
applicant for exemption
|
14
|
57 (1)
|
refuse to approve organisation
|
applicant for approval
|
15
|
57 (2)
|
refuse to approve organisation
|
applicant for approval
|
16
|
57 (7)
|
revoke approval
|
entity that has approval revoked
|
[1.74] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.75] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 7A (Notification and review of
decisions)—see section 58.
Part
1.21 Clinical Waste Act
1990
substitute
Part 4A Notification and review of
decisions
27 Meaning of reviewable decision—pt
4A
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
27A Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
27B Application for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 4A)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
20 (1) (a)
|
grant licence subject to conditions
|
applicant for licence
|
2
|
20 (1) (b)
|
refuse to grant licence
|
applicant for licence
|
3
|
22 (1)
|
vary licence
|
licensee
|
4
|
23 (2) (a)
|
suspend licence
|
entity that has licence suspended
|
5
|
23 (2) (b)
|
cancel licence
|
entity that has licence cancelled
|
6
|
25 (2)
|
suspend licence
|
entity that has licence suspended
|
[1.78] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.79] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.80] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 4A (Notification and review of
decisions)—see section 27.
Part
1.22 Common Boundaries Act
1981
[1.81] Section
2, new definitions
insert
new fence determination means a determination of the ACAT
under section 10.
repair cost determination means a determination of the ACAT
under section 12.
repair determination means a determination of the ACAT under
section 11.
unleased land determination means a determination of the ACAT
under section 13.
substitute
4 Application to ACAT—new fence
determination
(1) This section applies if—
(a) adjoining parcels of land are not separated by a fence; and
(b) the occupier of 1 of the parcels has asked the occupier of the
adjoining parcel to join in erecting a fence between the parcels; and
(c) either—
(i) the occupier of the adjoining parcel has refused to join in erecting
the fence; or
(ii) the occupiers of the parcels are unable to agree about a matter
relating to the construction of the fence.
(2) Either occupier may apply to the ACAT for a new fence
determination.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
(3) However, an occupier must not apply to the ACAT
unless—
(a) the occupier has given the occupier of the adjoining parcel
(the other occupier) a notice asking the other occupier to
discuss erecting, and paying for, the fencing of the boundary between the
parcels; and
(b) 1 month has passed since the day the occupier gave the notice to the
other occupier.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the notice, the form must be used.
(4) For subsection (1), an occupier who does not join in erecting a fence
within 14 days after the day the occupier is asked to join is taken to have
refused to join in erecting the fence.
5 Application to ACAT—repair
determination
(1) This section applies if—
(a) adjoining parcels of land are separated by a fence; and
(b) the occupier of 1 of the parcels of land has asked the occupier of the
adjoining parcel to join in repairing or replacing the fence; and
(c) either—
(i) the occupier of the adjoining parcel has refused to join in repairing
or replacing the fence; or
(ii) the occupiers of the parcels of land are unable to agree about a
matter relating to the repair or replacement of the fence.
(2) Either occupier may apply to the ACAT for a repair
determination.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
(3) However, the occupier of a parcel must not apply to the ACAT
unless—
(a) the occupier has given the occupier of the adjoining parcel
(the other occupier) a notice asking the other occupier to
discuss the repair or replacement of the fence between the parcels;
and
(b) 1 month has passed since the day the occupier gave the notice to the
other occupier.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the notice, the form must be used.
(4) For subsection (1), an occupier who does not join in repairing or
replacing a fence within 14 days after the day the occupier is asked to join is
taken to have refused to join in repairing or replacing the fence.
6 Application to ACAT—repair cost
determination
(1) This section applies if—
(a) a fence between adjoining parcels of land has been damaged or
destroyed; and
(b) the fence needs to be repaired or replaced without delay to protect
people living in premises on 1 of the parcels or to prevent the escape of
animals
(2) The occupier of either parcel may, without giving notice to the
occupier of the adjoining parcel, repair or replace the fence.
(3) The occupier who repairs or replaces a fence under subsection (2) may
apply to the ACAT for a repair cost determination.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
(4) However, the occupier must not apply to the ACAT
unless—
(a) the occupier has given the occupier of the adjoining parcel
(the other occupier) a notice asking the other occupier to
discuss contributing to the cost of repairing or replacing the fence;
and
(b) 14 days has passed since the day the occupier gave the notice to the
other occupier.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the notice, the form must be used.
7 Application to ACAT—unleased land
determination
(1) This section applies if—
(a) the occupier of a parcel of land has begun erecting a fence between
the parcel and adjoining land that is not a parcel of land for this division;
and
(b) after the erecting began, the adjoining land becomes a parcel of land
for this division.
(3) The occupier may apply to the ACAT for an unleased land
determination.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008, s 117 for this provision, the form must be
used.
8 Parties to applications
The parties to an application are—
(a) for a new fence determination—the applicant and the person to
whom the applicant gives a notice under section 4 (3) (a); and
(b) for a repair determination—the applicant and the occupier to
whom the applicant gives notice under section 5 (3) (a); and
(c) for a repair cost determination—the applicant and the person to
whom the applicant gives the notice under section 6 (4) (a); and
(d) for an unleased land determination—the applicant and the owner
or occupier of the adjoining parcel of land.
9 Dealing with applications
(1) This section applies if the ACAT is considering an application for a
determination under this division.
(2) On receiving the application, the ACAT must—
(a) decide that a conference may be held between the parties; or
(b) if satisfied that there is no reasonable possibility of the parties
settling the issues in dispute at a conference—decide to hold a hearing on
the application.
(3) If the ACAT decides that a conference may be held, the ACAT
must—
(a) fix a day for the conference; and
(b) not later than 10 days before the day fixed for the
conference—
(i) serve a copy of the application on the respondent; and
(ii) serve notice of the conference on the parties.
Note For how documents may be served, see s 18.
(4) If the ACAT decides to hold a hearing, the ACAT must—
(a) fix a day for the hearing; and
(b) not later than 10 days before the day fixed for the
hearing—
(i) serve a copy of the application on the respondent; and
(ii) serve notice of the hearing on the parties.
10 ACAT powers—new fence
determination
(1) This section applies if the ACAT holds a hearing on an application for
a new fence determination.
(2) The ACAT may determine—
(a) the nature of the fence that should be erected between the parcels of
land occupied by the parties; and
(b) the line where the fence should be erected; and
(c) the party who should be responsible for erecting the fence;
and
(d) the amount that should be contributed by the other party to the cost
of erecting the fence; and
(e) how, and by when, the amount should be paid to the party responsible
for erecting the fence.
(3) If a party asks the ACAT to determine that a basic fence is to be
erected between the parcels of land to which the application relates, the ACAT
must not require the party to contribute more than ½ the cost of erecting a
basic fence between the parcels.
(4) Subsection (3) does not apply in relation to parcels of land if the
ACAT is satisfied that—
(a) it is not practicable for a basic fence to be erected between the
parcels of land; or
(b) there are special circumstances that require a fence, other than a
basic fence, to be erected.
11 ACAT powers—repair
determination
(1) This section applies if the ACAT holds a hearing on an application for
a repair determination.
(2) The ACAT must determine if the fence to which the application relates
is in need of repair or replacement.
(3) If the ACAT determines that the fence is in need of repair or
replacement, the ACAT may determine—
(a) whether the party other than the applicant should be required to
contribute to the cost of the repair or replacement of the fence; and
(b) the nature of the repair that is required or the nature of the
replacement fence that should be erected; and
(c) the party who should be responsible for the repair or replacement;
and
(d) the amount that should be contributed by the other party to the cost
of the repair or replacement; and
(e) how, and by when, the amount should be paid to the party responsible
for the repair or replacement.
(4) For the purpose of determining the amount that should be contributed
under subsection (3) (d), the ACAT must apply the principle that the cost should
be borne by the parties in equal proportions unless there are circumstances that
make it just that 1 party bears a greater proportion of the cost than the
other party.
12 ACAT powers—repair cost
determination
(1) This section applies if the ACAT holds a hearing on an application for
a repair cost determination.
(2) The ACAT must determine whether it is reasonable for the party other
than the applicant to be required to contribute to the cost of the repair or
replacement by the applicant.
(3) If the ACAT determines that it is reasonable for the party to be
required to contribute to the cost of the repair or replacement, the ACAT must
also determine—
(a) the amount that should be contributed; and
(b) how, and by when, the amount should be paid to the
applicant.
(4) For the purpose of determining the amount that should be contributed
under subsection (3) (a), the ACAT must apply the principle that the cost should
be borne by the parties in equal proportions unless there are circumstances that
make it just that 1 party bears a greater proportion of the cost than the
other party.
13 ACAT powers—unleased land
determination
(1) This section applies if the ACAT holds a hearing on an application for
an unleased land determination.
(2) The ACAT must determine whether it is reasonable for the party other
than the applicant to be required to contribute to the cost of the applicant
erecting the fence.
(3) If the ACAT determines that it is reasonable for the party to
contribute to the cost, the ACAT must also determine—
(a) the amount that should be contributed; and
(b) how, and by when, the amount should be paid to the
applicant.
(4) For subsection (3) (a), the amount must be—
(a) if the adjoining land became a parcel of land for this division less
than 6 months after the applicant began erecting the fence—the lesser of
the following:
(i) 1/2 the cost of
erecting the fence;
(ii) 1/2 of what it
would have cost to erect a basic fence; and
(b) if the adjoining land became a parcel of land for this division
6 months or more after the applicant began erecting the fence—a
reasonable amount that is not more than the lesser of the following:
(i) 1/2
the cost of erecting the fence;
(ii) 1/2 of what it
would have cost to erect a basic fence.
14 Applications for variation of certain
determinations
(1) A person who was a party to an application for a determination under
this division (other than under section 13) may apply to the ACAT for a
variation of the determination.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
(2) The parties to the application are the applicant and the other party
to the application on which the determination was made.
15 Dealing with variations
(1) This section applies if the ACAT is considering an application for the
variation of a determination under section 14.
(2) On receiving the application, the ACAT must—
(a) decide that a conference may be held between the parties; or
(b) if satisfied that there is no reasonable possibility of the parties
settling the issues in dispute at a conference—decide to hold a hearing on
the application.
(3) If the ACAT decides that a conference may be held, the ACAT
must—
(a) fix a day for the conference; and
(b) not later than 10 days before the day fixed for the
conference—
(i) serve a copy of the application on the respondent; and
(ii) serve notice of the conference on the parties.
Note For how documents may be served, see s 18.
(4) If the ACAT decides to hold a hearing, the ACAT must—
(a) fix a day for the hearing; and
(b) not later than 10 days before the day fixed for the
hearing—
(i) serve a copy of the application on the respondent; and
(ii) serve notice of the hearing on the parties.
(5) The ACAT must not vary the determination so that the determination as
varied could not have been made on the original application.
[1.83] Section
19 (1) (a)
substitute
(a) a determination of the ACAT under this division; or
substitute
22 Directions about entry by people on
land
(1) This section applies if the ACAT makes a determination under this
division in relation to erecting, repairing or replacing a fence.
(2) The ACAT may give the directions that it considers necessary in
relation to the entry of people on land to erect, repair or replace the
fence.
(3) However, the ACAT must not give directions under this section in
relation to the entry of people on land, other than land occupied
by—
(a) a party to the application; or
(b) a sublessee, tenant, licensee or other person in possession from a
party to the application.
(4) If a person is given a direction under this section, the person may
enter on land to undertake work necessary to erect, repair or replace the fence
stated in the direction—
(a) at any reasonable time; and
(b) in accordance with the direction.
substitute
26A Damage by fire to dividing
fence
(1) This section applies if—
(a) the occupier of land (the clearing occupier) clears the
land of flammable materials for the space of 6m from a fence
(a dividing fence) dividing the land from the land of another
owner or occupier; and
(b) the other owner or occupier (the non-clearer) neglects
or omits to clear the owner or occupier’s land; and
(c) damage from fire happens to the dividing fence because of the neglect
or omission.
(2) The non-clearer must, at the non-clearer’s expense, arrange for
the dividing fence to be repaired or replaced within—
(a) 1 month after the day it is damaged; or
(b) if the ACAT extends the time to repair or replace the fence—the
extended time.
(3) If the non-clearer applies for an extension of time to repair or
replace the dividing fence, the non-clearer must give the clearing occupier
reasonable notice of the application.
(4) If the non-clearer refuses or omits to repair or replace the dividing
fence within the time required under subsection (2), the clearing occupier may
repair or replace the fence.
(5) An amount incurred by the clearing occupier repairing or replacing the
dividing fence is taken to be an amount owing to the clearing occupier by the
non-clearer.
[1.86] Dictionary,
note 2, new dot point
insert
• ACAT
[1.87] Dictionary,
note 2, dot points
omit
• Small Claims Court
[1.88] Dictionary,
new definitions
insert
new fence determination, for division 2.1 (Fences requested
by occupiers)—see section 2.
repair cost determination, for division 2.1 (Fences requested
by occupiers)—see section 2.
repair determination, for division 2.1 (Fences requested by
occupiers)—see section 2.
unleased land determination, for division 2.1 (Fences
requested by occupiers)—see section 2.
Part
1.23 Community Title Act
2001
substitute
Division 13.1 Notification and review of
decisions
93 Meaning of reviewable decision—div
13.1
In this division:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
94 Reviewable decision notices
If the planning and land authority makes a reviewable decision, the
authority must give a reviewable decision notice to each entity mentioned in
schedule 1, column 4 in relation to the decision.
Note 1 The planning and land authority must also take reasonable
steps to give a reviewable decision notice to any other person whose interests
are affected by the decision (see ACT Civil and Administrative Tribunal
Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
94A Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see div 13.1)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
9
|
require changes to proposed community title scheme
|
applicant for approval
|
2
|
10
|
refuse to approve community title scheme
|
applicant for approval
|
3
|
11
|
amend management statement
|
applicant for approval
|
4
|
12 (b)
|
state provisions under which leases of common property to be held
|
applicant for approval
|
5
|
13 (2)
|
require developer to give bond
|
developer
|
6
|
13 (2)
|
fix amount of bond
|
developer
|
7
|
23 (2)
|
authorise amendment of community title scheme subject to
conditions
|
applicant for authorisation
|
8
|
23 (2)
|
refuse to authorise amendment of community title scheme
|
applicant for authorisation
|
9
|
81 (1) (a)
|
refuse to consent to amalgamation of community title schemes
|
body corporate of scheme or owner of lot in scheme
|
[1.91] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.92] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.93] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for division 13.1 (Notification and
review of decisions)—see section 93.
Part
1.24 Consumer Credit (Administration)
Act 1996
insert
125A Payment into ACAT trust
account
Despite section 125, the chief executive may arrange for—
(a) the payment of an amount mentioned in section 125 to the ACAT trust
account; or
(b) the transfer of amounts from the financial counselling fund to the
ACAT trust account.
Note The ACT Civil and Administrative Tribunal Act 2008, s
115C sets out how amounts paid into the ACAT trust account may be
used.
[1.95] Dictionary,
new definition of ACAT trust account
insert
ACAT trust account—see the ACT Civil and
Administrative Tribunal Act 2008, dictionary.
Part
1.25 Cooperatives Act
2002
substitute
Part 18 Notification and review of
decisions
456 Meaning of reviewable decision—pt
18
In this part:
reviewable decision means a decision mentioned in schedule 5,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
457 Reviewable decision notices
If the registrar makes a reviewable decision, the registrar must give a
reviewable decision notice to each entity mentioned in schedule 5, column 4 in
relation to the decision.
Note 1 The registrar must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
458 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 5, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 5 Reviewable
decisions
(see pt 18)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
20 (5) (b)
|
amend draft disclosure statement or require stated amendment of draft
disclosure statement
|
proposed cooperative that submits statement
|
2
|
20 (5) (c)
|
approve draft disclosure statement different from draft disclosure
statement submitted to registrar
|
proposed cooperative that submits statement
|
3
|
20 (5) (d)
|
refuse to approve draft disclosure statement
|
proposed cooperative that submits statement
|
4
|
21 (3) (b)
|
approve different draft rules for proposed cooperative to those submitted
to registrar
|
proposed cooperative that submits draft rules
|
5
|
21 (3) (c)
|
refuse to approve draft rules for proposed cooperative
|
proposed cooperative that submits draft rules
|
6
|
23 (3) (a)
|
refuse to register proposed cooperative and its rules
|
proposed cooperative that applies for registration
|
7
|
28 (3)
|
refuse to register existing corporation and its rules
|
existing cooperative that applies for registration
|
8
|
109 (3) (b)
|
approve different alteration to proposed alteration of rules of cooperative
submitted to registrar
|
cooperative that submits proposed alteration
|
9
|
109 (3) (c)
|
refuse to approve proposed alteration of rules of cooperative
|
cooperative that submits proposed alteration
|
10
|
112 (3)
|
refuse to register alteration or proposed alteration of rules of
cooperative
|
cooperative that applies for registration of alteration
|
11
|
256 (6)
|
refuse to approve change of name of cooperative
|
cooperative that changes its name
|
12
|
256 (7)
|
order cooperative to change its name
|
cooperative given order
|
[1.98] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.99] Dictionary,
definition of alteration
omit
[1.100] Dictionary,
definition of reviewable decision
substitute
reviewable decision, for part 18 (Notification and review of
decisions)—see section 456.
Part
1.26 Crimes (Child Sex Offenders)
Act 2005
substitute
(4) After deciding the application, the chief police officer must give an
internal review notice to the registrable offender.
Note 1 The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
Note 2 Internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
[1.102] Sections
113 and 114
substitute
113 Chief police officer must tell offender about
ACAT review
(1) If the chief police officer confirms an unprotected registrable
offender declaration under section 112 (2), the chief police officer must give
the offender a reviewable decision notice in relation to the decision.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
(2) To remove any doubt, for the ACT Civil and Administrative Tribunal
Act 2008, section 67A (Reviewable decision notice), the offender is taken to
be the only person whose interests are affected by the decision.
114 ACAT review of chief police officer’s
decision
A registrable offender may apply to the ACAT for review of a decision under
section 112 (2) by the chief police officer to confirm an unprotected
registrable offender declaration.
[1.103] Section
115 (2) (c)
substitute
(c) if the offender applies to the ACAT under section 114 for review of
the confirmation of an unprotected registrable offender declaration—on the
day the ACAT decides the appeal.
[1.104] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.27 Dangerous Substances Act
2004
substitute
Chapter 9 Notification and review of
decisions
186 Definitions—ch
9
In this chapter:
decision-maker means the Minister, chief executive or an
inspector.
internally reviewable decision means a decision (other than a
decision made personally by the Minister or chief executive) prescribed by
regulation.
internal reviewer—see section 188.
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
reviewable decision means—
(a) an internal reviewer’s decision in relation to an internally
reviewable decision; or
(b) a decision-maker’s decision (other than an internally reviewable
decision) prescribed by regulation.
186A Internal review notices
If a decision-maker makes an internally reviewable decision, the
decision-maker must give an internal review notice to each entity prescribed by
regulation in relation to the decision.
Note 1 The decision-maker must also take reasonable steps to give an
internal review notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008,
s 67B).
Note 2 The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
187 Applications for internal
review
(1) The following may apply to the chief executive for review of an
internally reviewable decision:
(a) an entity prescribed by regulation in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
(2) The application must—
(a) be in writing; and
(b) state the applicant’s name and address; and
(c) set out the applicant’s reasons for making the
application.
Note If a form is approved under s 222 for the application, the form
must be used.
(3) The application must be given to the chief executive
within—
(a) 28 days after the day the applicant is given the internal review
notice for the decision; or
(b) any longer period allowed by the chief executive before or after the
end of the 28-day period.
Note Section 191 provides for ACAT review of reviewable decisions
that are not internally reviewable decisions.
187A Applications not stay internally reviewable
decisions
The making of an application for review of an internally reviewable
decision does not affect the operation of the decision.
188 Internal reviewer
The chief executive must arrange for a person (the internal
reviewer) who did not make the internally reviewable decision to review
the decision.
189 Review by internal reviewer
(1) The internal reviewer for an internally reviewable decision must
review the decision.
(2) The review must happen within 5 business days (the 5-day
period) after the day the chief executive receives the application for
review of the internally reviewable decision.
Note Business day—see the Legislation Act, dictionary,
pt 1.
(3) The internal reviewer must—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute the reviewer’s own
decision.
(4) If the decision is not varied or set aside within the 5-day period,
the decision is taken to have been confirmed by the internal reviewer.
190 Reviewable decision notices
If an internal reviewer or decision-maker makes a reviewable decision, the
reviewer or decision-maker must give a reviewable decision notice to each entity
prescribed by regulation in relation to the decision.
Note 1 The internal reviewer or decision-maker must also take
reasonable steps to give a reviewable decision notice to any other person whose
interests are affected by the decision (see ACT Civil and Administrative
Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
191 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) for an internal reviewer’s decision in relation to an internally
reviewable decision—an entity to whom an internal review notice is
required to be given in relation to the decision;
(b) an entity prescribed by regulation in relation to the
decision;
(c) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.106] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.107] Dictionary,
definition of decision-maker
substitute
decision-maker, for chapter 9 (Notification and review of
decisions)—see section 186.
[1.108] Dictionary,
definitions of internally reviewable decision and internal
reviewer
substitute
internally reviewable decision—see section
186.
internal reviewer, for chapter 9 (Notification and review of
decisions)—see section 188.
[1.109] Dictionary,
new definitions
insert
internal review notice, for chapter 9 (Notification and
review of decisions)—see the ACT Civil and Administrative Tribunal
Act 2008, section 67B (1).
reviewable decision—see section 186.
Part
1.28 Dangerous Substances (Explosives)
Regulation 2004
[1.110] Section
33 and note
substitute
33 Decision to refuse to authorise—ACAT
review
(1) A decision of the chief executive to refuse a request for
authorisation is a reviewable decision for the Act, section 186, definition of
reviewable decision, paragraph (b).
Note The effect of this subsection is to make the decision
reviewable by the ACAT. See the Act, ch 9 for the relevant
procedures.
(2) The person requesting authorisation is prescribed for the Act, section
190 (Reviewable decision notices) and section 191 (b) (Applications for
review).
[1.111] Section
35 (3) and (4) and note
substitute
(3) A decision of the chief executive to revoke the authorisation of an
explosive is a reviewable decision for the Act, section 186, definition of
reviewable decision, paragraph (b).
Note The effect of this subsection is to make the decision
reviewable by the ACAT. See the Act, ch 9 for the relevant
procedures.
(4) The person at whose request the explosive was authorised is prescribed
for the Act, section 190 (Reviewable decision notices) and section 191 (b)
(Applications for review).
[1.112] Section
39 (3) and (4) and note
substitute
(3) A decision of the chief executive to refuse a request to register a
consumer firework for Queen’s birthday supply is a reviewable decision for
the Act, section 186, definition of reviewable decision, paragraph
(b).
Note The effect of this subsection is to make the decision
reviewable by the ACAT. See the Act, ch 9 for the relevant
procedures.
(4) The person requesting registration is prescribed for the Act,
section 190 (Reviewable decision notices) and section 191 (b) (Applications
for review).
[1.113] Section
154 (3) and (4) and note
substitute
(3) A decision of the chief executive to refuse a request for approval is
a reviewable decision for the Act, section 186, definition of reviewable
decision, paragraph (b).
Note The effect of this subsection is to make the decision
reviewable by the ACAT. See the Act, ch 9 for the relevant
procedures.
(4) The person requesting approval is prescribed for the Act,
section 190 (Reviewable decision notices) and section 191 (b) (Applications
for review).
[1.114] Section
175 (2) and (3) and note
substitute
(2) A decision of the chief executive to refuse a request for approval is
a reviewable decision for the Act, section 186, definition of reviewable
decision, paragraph (b).
Note The effect of this subsection is to make the decision
reviewable by the ACAT. See the Act, ch 9 for the relevant
procedures.
(3) The person requesting approval is prescribed for the Act,
section 190 (Reviewable decision notices) and section 191 (b) (Applications
for review).
[1.115] Section
194 (2) and (3) and note
substitute
(2) A decision of the chief executive to refuse to issue a special
purchase authority is a reviewable decision for the Act, section 186, definition
of reviewable decision, paragraph (b).
Note The effect of this subsection is to make the decision
reviewable by the ACAT. See the Act, ch 9 for the relevant
procedures.
(3) The applicant for the special authority is prescribed for the Act,
section 190 (Reviewable decision notices) and section 191 (b) (Applications for
review).
Part
1.29 Dangerous Substances (General)
Regulation 2004
substitute
Chapter 5 Notification and review of
decisions
500 Internally reviewable decisions—Act, s 186,
def internally reviewable decision
A decision mentioned in schedule 5, part 5.2, column 3 under a
provision mentioned in column 2 in relation to the decision is
prescribed.
501 Reviewable decisions—Act, s 186, def
reviewable decision
A decision mentioned in schedule 5, part 5.1 or part 5.3, column 3
under a provision mentioned in column 2 in relation to the decision is
prescribed.
502 Internally reviewable decisions—right of
review and notice—Act, s 186A and s 187 (1) (a)
A person mentioned in schedule 5, part 5.2, column 4 is
prescribed.
503 Reviewable decisions—right of review and
notice—Act, s 190 and s 191 (1) (a)
A person mentioned in schedule 5, part 5.1 or part 5.3, column 4 is
prescribed.
[1.117] Schedule
5 heading
omit
(see s 500)
substitute
(see ch 5)
[1.118] Schedule
5, column 4 heading
omit
person to be notified of
decision
substitute
person
[1.119] Dictionary,
note 2, dot points
omit
• AAT
substitute
• ACAT
[1.120] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.121] Dictionary,
note 3, dot points
omit
• internally reviewable decision (see s 188 (1))
substitute
• internally reviewable decision (see s 186)
Part
1.30 Domestic Animals Act
2000
[1.122] Section
67 (3) (d)
omit
section 119
substitute
section 120
substitute
Part 8 Notification and review of
decisions
118 Meaning of reviewable decision—pt
8
In this part:
reviewable decision means a decision prescribed by
regulation.
119 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity prescribed by regulation in relation to the
decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
120 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity prescribed by regulation in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.124] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.125] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 8 (Notification and review of
decisions)—see section 118.
Part
1.31 Domestic Animals Regulation
2001
substitute
23 Reviewable decisions—Act, s 118, def
reviewable decision
A decision mentioned in schedule 1, column 3, under a provision mentioned
in column 2 in relation to the decision is prescribed.
23A Right of review and notice—Act, s 119 and
120 (a)
An entity mentioned in schedule 1, column 4 is prescribed.
insert
Schedule 1 Reviewable
decisions
(see s 23 and s 23A)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
Act, 7 (b)
|
refuse to register dog
|
applicant for registration
|
2
|
Act, 20 (1) (b)
|
refuse to issue multiple dog licence
|
applicant for licence
|
3
|
Act, 21 (1)
|
issue multiple dog licence on conditions
|
applicant for licence
|
4
|
Act, 22 (1) or (2)
|
declare dog to be dangerous dog
|
keeper of dog
|
5
|
Act, 25 (1) (b)
|
refuse to issue dangerous dog licence
|
applicant for licence
|
6
|
Act, 25 (2)
|
issue dangerous dog licence on conditions
|
applicant for licence
|
7
|
Act, 33
|
vary or refuse to vary multiple dog licence or dangerous dog
licence
|
licensee whose licence varied or applicant for variation
|
8
|
Act, 36 (1)
|
cancel special licence
|
entity whose licence cancelled
|
9
|
Act, 43
|
refuse to issue permit to take dog into prohibited area
|
applicant for permit
|
10
|
Act, 43
|
issue permit to take dog into prohibited area on conditions
|
applicant for permit
|
11
|
Act, 62 (2) (c)
|
refuse to release dog because premises where dog will be kept are not
secure enough to prevent dog escaping
|
person claiming release of dog
|
12
|
Act, 63 (2) (c)
|
refuse to release dog because premises where dog will be kept are secure
not enough to prevent dog escaping
|
person claiming release of dog
|
13
|
Act, 70 (4)
|
impose conditions on return of dog
|
keeper of dog
|
14
|
Act, 76 (1)
|
refuse to issue permit to keep cat or dog that is not desexed
|
applicant for permit
|
15
|
Act, 84C (1) (b)
|
refuse to issue multiple cat licence
|
applicant for licence
|
16
|
Act, 84D (1)
|
issue multiple cat licence on conditions
|
applicant for licence
|
17
|
Act, 92 (4)
|
impose conditions on return of seized cat
|
keeper of cat
|
18
|
Act, 112
|
issue nuisance notice
|
keeper or animal or occupier of place
|
19
|
Act, 113
|
refuse to revoke nuisance notice
|
person given notice
|
20
|
Act, 114 (1)
|
seize animal
|
keeper of animal
|
21
|
Act, 114 (4) or (5)
|
refuse to return animal
|
keeper of animal
|
22
|
13
|
refuse to authorise person as identifier of domestic animals
|
applicant for authorisation
|
23
|
14
|
withdraw authorisation as identifier of domestic animals
|
entity that has authorisation revoked
|
24
|
19
|
prohibit entity operating domestic animals registry service
|
licensed operator
|
Part
1.32 Duties Act
1999
[1.128] Section
252 heading
substitute
252 Objections
[1.129] Section
252 (2) and (3)
substitute
252AA Review of decisions by
ACAT
(1) This section applies to a determination by the commissioner of an
objection to a decision mentioned in section 252.
(2) The determination is prescribed for the Taxation Administration Act,
section 107A (Meaning of reviewable decision etc—div
10.2).
Note Applications for review by the ACAT may be made in relation to
a determination by the commissioner of a decision on an objection to an
assessment.
[1.130] Dictionary,
note 2, new dot point
insert
• ACAT
Part
1.33 Education Act
2004
substitute
Part 6.1 Notification and review of
decisions
140 Definitions—pt
6.1
In this part:
decision-maker means—
(a) for an internally reviewable decision—a person mentioned in
schedule 1, column 5 in relation to the decision; or
(b) for a reviewable decision—
(i) the internal reviewer in relation to the decision; or
(ii) if the decision is made personally by the Minister or chief
executive—a person mentioned in schedule 1, column 5 in relation to
the decision.
internally reviewable decision means a decision (other than a
decision made personally by the Minister or chief executive) mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column 2 in
relation to the decision.
internal reviewer—see section 144 (1).
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
reviewable decision means—
(a) a decision of an internal reviewer in relation to an internally
reviewable decision; or
(b) if a decision is made personally by the Minister or chief
executive—a decision mentioned in schedule 1, column 3 under a provision
of this Act mentioned in column 2 in relation to the decision.
141 Internal review notices
If a decision-maker makes an internally reviewable decision, the
decision-maker must give an internal review notice to each entity mentioned in
schedule 1, column 4 in relation to the decision.
Note 1 The decision-maker must also take reasonable steps to give an
internal review notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008,
s 67B).
Note 2 The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
142 Applications for internal
review
(1) The following may apply to the decision-maker for review of an
internally reviewable decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the decision.
(2) The application must—
(a) be in writing; and
(b) state the applicant’s name and address; and
(c) set out the applicant’s reasons for making the
application.
Note If a form is approved under s 154 for the application, the form
must be used.
(3) The application must be given to the decision-maker
within—
(a) 28 days after the day the applicant is given the internal review
statement; or
(b) a longer period allowed by the internal reviewer before or after the
end of the 28-day period.
143 Applications not stay reviewable
decisions
Making an application for internal review of an internally reviewable
decision does not affect the operation of the decision.
144 Internal review
(1) If application is made for internal review of an internally reviewable
decision, the decision-maker must arrange for someone else
(the internal reviewer) to review the decision.
(2) The internal reviewer must, within 28 days after the decision-maker
receives the application for internal review—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute its own decision.
(3) If the decision is not varied or set aside within the 28-day period,
the decision is taken to have been confirmed by the internal reviewer.
145 Reviewable decision notices
If a decision-maker makes a reviewable decision, the decision-maker must
give a reviewable decision notice to—
(a) for a decision in relation to an internally reviewable
decision—each entity that is given an internal review notice; or
(b) for a decision made personally by the Minister or chief
executive—each entity mentioned in schedule 1, column 4 in relation to the
decision.
Note 1 The decision-maker must also take reasonable steps to give a
reviewable decision notice to anyone whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
145A Applications to ACAT
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
substitute
Schedule 1 Reviewable
decisions
(see pt 6.1)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
column
5
decision-maker
|
1
|
14
|
refuse to issue exemption certificate
|
parents of child
|
chief executive
|
2
|
16
|
revoke exemption certificate
|
parents of child
|
chief executive
|
3
|
36
|
suspend, transfer or exclude student
|
parents of student
|
chief executive
|
4
|
84 (5)
|
refuse to give in-principle approval
|
applicant for in-principle approval
|
Minister
|
5
|
86 (5)
|
direct registrar to refuse to provisionally register non-government
school
|
applicant for provisional registration of school
|
Minister
|
6
|
88 (3)
|
direct registrar to register non-government school for shorter period than
applied for
|
applicant for registration of school
|
Minister
|
7
|
88 (5)
|
direct registrar to refuse to register non-government school
|
applicant for registration of school
|
Minister
|
8
|
88B (6)
|
direct registrar to refuse to register non-government school at additional
campus
|
applicant for registration of additional campus
|
Minister
|
9
|
90 (6)
|
direct registrar to refuse to register non-government school at additional
educational level
|
applicant of registration at additional educational level
|
Minister
|
10
|
95 (1)
|
direct registrar to cancel provisional registration or registration of
non-government school
|
entity that has registration cancelled
|
Minister
|
11
|
97 (3)
|
direct registrar to renew registration of non-government school for shorter
period than period applied for
|
applicant for renewal of registration
|
Minister
|
12
|
97 (5)
|
direct registrar to refuse to renew registration of non-government
school
|
applicant for renewal of registration
|
Minister
|
13
|
131 (3)
|
refuse to register child for home education
|
parents of child
|
chief executive
|
14
|
131 (3)
|
register child for home education for less than 2 years
|
parents of child
|
chief executive
|
15
|
135 (1)
|
cancel registration of child for home education
|
parents of child
|
chief executive
|
16
|
137 (3)
|
refuse to renew registration of child for home education
|
parents of child
|
chief executive
|
17
|
137 (3)
|
renew registration of child for home education for shorter period than
period applied for
|
parents of child
|
chief executive
|
[1.133] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.134] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.135] Dictionary,
new definition of internally reviewable decision
insert
internally reviewable decision, for part 6.1 (Notification
and review of decisions)—see section 140.
[1.136] Dictionary,
definition of internal-reviewer
substitute
internal reviewer for part 6.1 (Notification and review of
decisions)—see section 140.
[1.137] Dictionary,
new definition of internal review notice
insert
internal review notice, for part 6.1 (Notification and review
of decisions)—see section 140.
[1.138] Dictionary,
definition of reviewable decision
substitute
reviewable decision, for part 6.1 (Notification and review of
decisions)—see section 140.
Part
1.34 Electoral Act
1992
[1.139] Section
79 (2) and (3)
substitute
(2) The commissioner must suppress the particulars of the elector’s
address from an extract from a roll from the defined date until—
(a) if no application for review of the decision is made to the electoral
commission within 28 days after the day the elector is given an internal review
notice in relation to the decision—the end of the 28-day period;
or
(b) if on review the electoral commission affirms the decision, and no
application for review of the commission’s decision is made to the
ACAT—the end of 28 days after the day the elector is given an internal
review notice; or
(c) if on review the ACAT affirms the decision of the electoral
commission, and no appeal from the ACAT’s decision is made to the Supreme
Court is made—the end of 28 days after the day the elector is given notice
of the ACAT’s decision; or
(d) if an appeal from the ACAT’s decision is made to the Supreme
Court—a proceeding on the appeal is completed.
(3) Subsection (2) has effect subject to—
(a) an order of the electoral commission under section 248 (Stay of
reviewable decision); and
(b) an order of the ACAT; and
(c) an order of the Supreme Court.
substitute
(7) The person is taken not to have failed to comply with the notice if
the person makes application under section 247 (Applications for internal
review) for review of the decision and the application has not been
decided.
substitute
Part 15 Notification and review of
decisions
244 Definition for Act—pt
15
In this Act:
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
245 Definitions—pt 15
In this part:
internally reviewable decision means a decision mentioned in
schedule 5, column 3 under a provision of this Act mentioned in column 2 in
relation to the decision; or
person includes a political party.
reviewable decision means a decision of the electoral
commission in relation to an internally reviewable decision.
246 Internal review notices
If the commissioner makes an internally reviewable decision, the
commissioner must give an internal review notice to each entity mentioned in
schedule 5, column 4 in relation to the decision.
Note 1 The commissioner must also take reasonable steps to give an
internal review notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008,
s 67B).
Note 2 The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
247 Applications for internal
review
(1) The following may apply to the electoral commission for review of an
internally reviewable decision:
(a) an entity mentioned in schedule 5, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
(2) The application must—
(a) be in writing; and
(b) state the applicant’s name and address; and
(c) set out the applicant’s reasons for making the
application.
Note If a form is approved under s 340A for the application, the
form must be used.
(3) The application must be given to the electoral commission at the
commission’s office—
(a) within 28 days after—
(i) for a decision to register a political party—the day of
notification under the Legislation Act of the notice under section 92 (3)
(Registration of political parties) of the decision; or
(ii) in any other case—the day the applicant is given the internal
review notice; or
(b) within any longer period allowed by the commission before or after the
end of the 28-day period.
248 Stay of reviewable decisions
(1) Before considering an application for review of an internally
reviewable decision, the electoral commission may, on application by an entity
affected by the decision or on its own initiative, make a written order (the
stay order) staying or otherwise affecting the operation or
implementation of the decision or a part of the decision
(2) In considering an application for a stay order, the electoral
commission must consider—
(a) the interests of any other person affected by the decision;
and
(b) the need to ensure, as far as practicable, that the review process and
the commission’s decision on the review are effective.
249 Review by electoral
commission
(1) This section applies if the electoral commission is considering an
application for review of an internally reviewable decision.
(2) The electoral commission must—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute its own decision.
(3) The commissioner must not—
(a) be present during any deliberation of the electoral commission in
relation to the review of the internally reviewable decision; or
(b) take part in any decision of the electoral commission in relation to
the review of the internally reviewable decision.
(4) Subsection (3) does not apply to an internally reviewable decision
made by a delegate of the commissioner.
249A Reviewable decision notices
If the electoral commission makes a reviewable decision, the commission
must give a reviewable decision notice to each entity that is given an internal
review notice.
Note 1 The electoral commission must also take reasonable steps to
give a reviewable decision notice to anyone whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
249B Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity that is given a reviewable decision notice;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 5 Internally reviewable
decisions
(see pt 15)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
76 (5) (a)
|
enrol person
|
claimant
|
2
|
76 (5) (b)
|
reject claim for enrolment
|
claimant
|
3
|
77 (2) (b)
|
refuse request to suppress particulars of elector’s address from
extract from roll
|
elector
|
4
|
78 (2)
|
include particulars of elector’s address suppressed on extract from
roll
|
elector
|
5
|
81 (5) (b)
|
reject objection to enrolment of person
|
person who objects to enrolment
|
6
|
81 (8) (b)
|
remove person’s name from roll
|
person whose name removed
|
7
|
90 (2)
|
refuse to register political party
|
applicant for registration
|
8
|
92 (1)
|
register political party
|
person who objects to registration
|
9
|
93 (1) or (2)
|
refuse to change registered particulars applied for under section 95
(2)
|
applicant for change of registered particulars
|
10
|
98 (5)
|
refuse to cancel registration of political party
|
registered party
|
11
|
237A
|
give investigations notice
|
person to whom notice given
|
12
|
242 (4)
|
refuse request to make stated amendment of return
|
person who gave return
|
[1.143] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.144] Dictionary,
new definitions
insert
internally reviewable decision, for part 15 (Notification and
review of decisions)—see section 245.
internal review notice—see section 244.
[1.145] Dictionary,
definitions of person and reviewable decision
substitute
person, for part 15 (Notification and review of
decisions)—see section 245.
reviewable decision, for part 15 (Notification and review of
decisions)—see section 245.
[1.146] Dictionary,
definition of review statement
omit
[1.147] Further
amendments, mentions of review statement
omit
review statement
substitute
internal review notice
in
• section 76 (6) (b)
• section 77 (5) (b)
• section 78 (3)
• section 81 (6) (b)
• section 81 (9) (b) (i)
• section 90 (3)
• section 92 (5)
• section 93 (3) (a)
• section 98 (12)
• section 237A (6)
• section 242 (5)
Part
1.35 Electricity (Greenhouse Gas
Emissions) Act 2004
[1.148] Section
35 (12) (a)
omit
administrative appeals tribunal
substitute
ACAT
substitute
Part 9 Notification and review of
decisions
58 Definitions—pt 9
In this part:
internally reviewable decision means a decision of the
regulator that is—
(a) prescribed by regulation; and
(b) made by the ICRC constituted by 1 commissioner.
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
reviewable decision means—
(a) a decision prescribed by regulation made by—
(i) the regulator (other than a decision made by the ICRC constituted by 1
commissioner); or
(ii) the scheme administrator; or
(b) a decision of the ICRC in relation to an internally reviewable
decision.
59 Internal review notices
If the regulator makes an internally reviewable decision, the regulator
must give an internal review notice to each entity prescribed by regulation in
relation to the decision.
Note 1 The regulator must also take reasonable steps to give an
internal review notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s
67B).
Note 2 The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
60 Application for
reconsideration
(1) The following may apply to the ICRC for the reconsideration of an
internally reviewable decision:
(a) an entity prescribed by regulation in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
(2) The application must be made within 28 days after the day the
applicant is told about the decision.
(3) The application must be in writing and set out the grounds on which
reconsideration of the decision is sought.
Note If a form is approved under s 65 for the application, the form
must be used.
(4) The making of the application does not affect the operation of the
decision.
60A Reconsideration of decisions
(1) This section applies if the ICRC is considering an application for
reconsideration of an internally reviewable decision.
(2) The ICRC must be constituted by 1 or more commissioners other than the
original decision-maker.
(3) Within 28 days after the day the application is made, the ICRC must
review the decision and—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute its own decision.
(4) If the decision is not varied or set aside within 28 days, the
decision is taken to have been confirmed by the ICRC.
60B Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity prescribed by regulation in relation to the
decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
60C Application for ACAT
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity prescribed by regulation in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.150] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.151] Dictionary,
new definitions
insert
internally reviewable decision, for part 9 (Notification and
review of decisions)—see section 58.
internal review notice, for part 9 (Notification and review
of decisions)—see section 58.
reviewable decision, for part 9 (Notification and review of
decisions)—see section 58.
Part
1.36 Electricity (Greenhouse Gas
Emissions) Regulation 2004
substitute
50 Decisions—Act, s 58, def internally
reviewable decision and reviewable decision
A decision mentioned in schedule 1, column 3, under a provision mentioned
in column 2 in relation to the decision is prescribed.
51 Right of review and notice—Act, s 59, s 60B
and s 60C (a)
An entity mentioned in schedule 1, column 4 is prescribed.
insert
Schedule 1 Reviewable
decisions
(see div 3.8)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
column
5
decision-maker
|
1
|
Act, 13
|
determination of greenhouse gas benchmark for participant or former
participant for year
|
benchmark participant or former benchmark participant
|
regulator
|
2
|
Act, 18 (2)
|
refuse to accept surrender of abatement certificate because surrender not
required for compliance with participant’s or former participant’s
greenhouse gas benchmark or to abate greenhouse shortfall
|
benchmark participant or former benchmark participant
|
regulator
|
3
|
Act, 24 (2) (b)
|
refuse accreditation of person as abatement certificate provider
|
accredited person or applicant for accreditation
|
scheme administrator
|
4
|
Act, 25 (2)
|
suspend person’s accreditation as abatement certificate
provider
|
accredited person or applicant for accreditation
|
scheme administrator
|
5
|
Act, 25 (2)
|
cancel person’s accreditation as abatement certificate
provider
|
accredited person or applicant for accreditation
|
scheme administrator
|
6
|
Act, 26
|
impose or vary condition of accreditation of accredited abatement
certificate provider
|
accredited abatement certificate provider
|
scheme administrator
|
7
|
Act, 33 (3) (b)
|
refuse registration of creation of abatement certificate
|
accredited person or applicant for accreditation
|
scheme administrator
|
8
|
Act, 35 (2)
|
impose order requiring person to surrender abatement certificates to scheme
administrator
|
person subject to order
|
scheme administrator
|
9
|
Act, 40 (3) (b)
|
refuse registration of transfer of abatement certificate
|
applicant for registration
|
scheme administrator
|
10
|
14
|
refuse to count renewable energy certificate for compliance with
participant’s or former participant’s greenhouse benchmark or to
abate greenhouse shortfall
|
benchmark participant or former benchmark participant
|
regulator
|
11
|
16 or 17
|
assessment of amount of greenhouse penalty payable by the participant for
year
|
benchmark participant or former benchmark participant
|
regulator
|
12
|
38 (4)
|
make claim on or realise financial assurance provided by accredited
abatement certificate provider
|
accredited abatement certificate provider
|
scheme administrator
|
13
|
|
any decision of regulator prescribed by regulation
|
benchmark participant or former benchmark participant
|
regulator
|
14
|
|
any decision of scheme administrator prescribed by regulation
|
accredited abatement certificate provider or applicant for
accreditation
|
scheme administrator
|
Part
1.37 Electricity Safety Act
1971
substitute
Part 8 Notification and review of
decisions
61 Meaning of reviewable decision—pt
8
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
62 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
62A Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 8)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
11A (1)
|
declare article of electrical equipment is prescribed article of electrical
equipment
|
entity that has interests affected by declaration
|
2
|
11A (3)
|
state safety standard that article of electrical equipment must comply
with
|
entity that has interests affected by safety standard
|
3
|
14 (3)
|
refuse to register person as approved first seller
|
applicant for approval
|
4
|
14 (4)
|
cancel registration of approved first seller
|
entity that has approval cancelled
|
5
|
16 (1)
|
refuse to register declaration of compliance
|
entity that lodged declaration
|
6
|
16 (3)
|
determine period of registration of declaration of compliance
|
entity that lodged declaration
|
7
|
17 (1)
|
cancel or suspend registration of declaration of compliance
|
entity that has registration cancelled or suspended
|
8
|
17 (3)
|
refuse to reduce period of suspension or cancel remainder of
suspension
|
entity that has registration suspended or cancelled
|
9
|
20 (1)
|
refuse to approve premises as testing laboratory
|
applicant for approval
|
10
|
20 (2)
|
cancel approval of premises as testing laboratory
|
entity that has approval cancelled
|
11
|
22 (2)
|
impose requirement on approved first seller
|
entity on which requirement imposed
|
12
|
28
|
prohibit sale or installation of articles of electrical equipment of stated
class
|
entity that has interests affected by prohibition
|
[1.156] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.157] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 8 (Notification and review of
decisions)—see section 61.
Part
1.38 Emergencies Act
2004
substitute
Chapter 9 Notification and review of
decisions
185 Meaning of reviewable decision—ch
9
In this chapter:
reviewable decision means a decision mentioned in schedule 2,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
186 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 2, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
187 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 2, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
substitute
Schedule 2 Reviewable
decisions
(see ch 9)
column 1
item
|
column 2
section
|
column 3
decision
|
column 4
entity
|
1
|
62 (1)
|
refuse to approve person as provider of services
|
applicant for approval
|
2
|
62 (4)
|
approve person as provider of services subject to condition
|
applicant for approval
|
3
|
78 (3)
|
refuse to approve draft bushfire operational plan for area of land
|
owner or manager of land
|
4
|
78 (3)
|
approve draft bushfire operational plan
for area of land with amendments
|
owner or manager of land
|
5
|
82 (1)
|
direct owner of land to comply with bushfire
management requirement or bushfire operational plan
|
person who is given direction
|
6
|
86 (2)
|
issue improvement notice for premises
|
occupier of premises to which notice
relates
|
7
|
86 (2)
|
issue occupancy notice for premises
|
occupier of premises to which notice
relates
|
8
|
86 (2)
|
issue closure notice for premises
|
occupier of premises to which notice
relates
|
9
|
87 (2)
|
decide not to extend period stated in
improvement notice
|
occupier of premises to which notice
relates
|
10
|
91 (4)
|
decide not to revoke notice for premises
|
occupier of premises to which notice
relates
|
11
|
92
|
give direction for provision or installation of
fire appliance
|
occupier of premises to which direction
relates
|
12
|
106 (1)
|
give direction to take action
|
owner of premises to which direction
relates
|
13
|
109
|
give direction to comply with section 120,
bushfire management requirement or bushfire operational plan
|
entity that is given direction
|
14
|
118 (1)
|
refuse to issue permit
|
applicant for permit
|
15
|
118 (5)
|
issue permit subject to condition
|
applicant for permit
|
16
|
124
|
refuse to issue permit
|
applicant for permit
|
17
|
124
|
issue permit subject to a condition
|
applicant for permit
|
[1.160] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.161] Dictionary,
definition of eligible person
omit
[1.162] Dictionary,
definition of reviewable decision
substitute
reviewable decision, for chapter 9 (Notification and
review of decisions)—see section 185.
Part
1.39 Environment Protection Act
1997
[1.163] Section
21 (5) (b)
substitute
(b) if an entity has applied to the ACAT for review of the
decision—until the application has been decided by the ACAT.
substitute
Part 14 Notification and review of
decisions
135 Meaning of reviewable decision—pt
14
In this part:
reviewable decision means a decision mentioned in schedule 3,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
136 Reviewable decision notices
If the authority makes a reviewable decision, the authority must give a
reviewable decision notice to each entity mentioned in schedule 3, column 4 in
relation to the decision.
Note 1 The authority must also take reasonable steps to give a
reviewable decision notice to anyone whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
136B Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 3, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 3 Reviewable
decisions
(see pt 14)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
21 (1)
|
refuse to exclude document or part of document from public
inspection
|
applicant
|
2
|
21A (5)
|
refuse to remove entry from the register
|
entity that entry relates to
|
3
|
43 (1)
|
notify entity not to conduct, or continue to conduct, stated activity
unless person holds environmental authorisation
|
entity conducting or proposing to conduct stated activity
|
4
|
43 (4)
|
refuse to revoke notice under section 43 (1)
|
person conducting or proposing to conduct stated activity
|
5
|
49 (1) (a), (2) (a), (3) (a) or (4) (a)
|
grant environmental authorisation (other than authorisation in relation to
activity of kind mentioned in schedule 1, table 1.2, item 30)
|
applicant for authorisation
|
6
|
49 (1) (a), (2) (a), (3) (a) or (4) (a)
|
grant environmental authorisation (other than authorisation in relation to
activity of kind mentioned in schedule 1, table 1.2, item 30) for stated
period
|
applicant for authorisation
|
7
|
49 (1) (a), (2) (a), (3) (a) or (4) (a)
|
grant environmental authorisation (other than authorisation in relation to
activity of kind mentioned in schedule 1, table 1.2, item 30) subject to stated
condition
|
applicant for authorisation
|
8
|
49 (1) (b), (2) (b), (3) (b) or (4) (b)
|
refuse to grant environmental authorisation
|
applicant for authorisation
|
9
|
57 (2)
|
decide not to take any action under this Act
|
holder of authorisation
|
10
|
58
|
cancel accredited environmental authorisation
|
holder of authorisation
|
11
|
60 (1)
|
vary environmental authorisation
|
holder of authorisation
|
12
|
60 (1)
|
refuse to vary environmental authorisation on application
|
holder of authorisation
|
13
|
63 (1)
|
suspend environmental authorisation
|
entity that has authorisation suspended
|
14
|
63 (1)
|
cancel environmental authorisation
|
entity that has authorisation cancelled
|
15
|
63 (2)
|
suspend environmental authorisation until stated condition
fulfilled
|
entity that has authorisation suspended
|
16
|
63 (2)
|
refuse to lift suspension of environmental authorisation on ground that
stated condition not fulfilled
|
entity that has authorisation suspended
|
17
|
69 (1)
|
require entity to prepare and submit for approval draft environmental
improvement plan
|
entity conducting or proposing to conduct activity
|
18
|
71 (1) (d)
|
reject draft environmental improvement plan and require plan to be amended
and resubmitted
|
entity that submitted plan
|
19
|
71 (2) (b)
|
reject draft environmental improvement plan
|
entity that submitted plan
|
20
|
72 (3)
|
refuse to accredit environmental improvement plan
|
applicant for accreditation
|
21
|
75 (1)
|
refuse to approve person to conduct particular environmental
audit
|
person refused approval or entity that commissions environmental
audit
|
22
|
75 (4)
|
remove name of auditor from list maintained by authority
|
auditor whose name is removed from list
|
23
|
76 (1)
|
require entity to commission environmental audit and submit report on
audit
|
entity conducting or proposing to conduct stated activity
|
24
|
76 (2)
|
require entity to commission environmental audit of contaminated
land
|
entity conducting or proposing to conduct stated activity
|
25
|
78 (3)
|
refuse to grant protection in relation to environmental audit
report
|
applicant for protection
|
26
|
78 (3)
|
grant protection in relation to environmental audit report subject to
stated conditions
|
applicant for protection
|
27
|
82 (1)
|
require entity to prepare and submit for approval draft emergency
plan
|
entity conducting or proposing to conduct stated activity
|
28
|
84 (1) (d)
|
reject draft emergency plan and require plan to be amended and
resubmitted
|
entity required to submit plan
|
29
|
84 (2) (b)
|
reject draft emergency plan
|
entity required to submit plan
|
30
|
91C (1)
|
make order to conduct assessment
|
appropriate person
|
31
|
91D (1)
|
make order to remediate
|
appropriate person
|
32
|
91D (8)
|
refuse to consent to transfer or sublet
|
applicant for consent
|
33
|
91G (1)
|
refuse to extend period for compliance
|
applicant for extension
|
34
|
91G (1)
|
extend for period less than that applied for
|
applicant for extension
|
35
|
91K
|
require stated person to pay reasonable costs and expenses
|
appropriate person against whom order made
|
36
|
110 (4)
|
decide to dispose of seized thing
|
owner or entity that had possession/custody/control of thing immediately
before it was seized or entity that has legal/equitable interest in
thing
|
37
|
125 (1)
|
serve environment protection order
|
entity served with order
|
38
|
125 (1)
|
serve environment protection order that impose stated requirements
mentioned in s 125 (5)
|
entity served with order
|
39
|
125 (2) or (3)
|
serve environment protection order
|
entity served with order
|
[1.166] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.167] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.168] Dictionary,
definition of reviewable decision
insert
reviewable decision, for part 14 (Notification and review of
decisions)—see section 135.
Part
1.40 Fair Trading (Consumer Affairs)
Act 1973
[1.169] New
section 29 (8A)
insert
(8A) Written notice of the order must also be published in a newspaper
circulating in the ACT.
[1.170] Sections
35 and 36
substitute
Division 4.3 Notification and review of
decisions
35 Meaning of reviewable decision—div
4.3
In this division:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
36 Reviewable decision notices
(1) If a person makes a reviewable decision, the person must publish a
reviewable decision notice in relation to the decision in a newspaper
circulating in the ACT.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
(2) If schedule 1, column 4 states that a reviewable decision is
notifiable, a reviewable decision notice in relation to the decision is a
notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
36A Applications for review
A person whose interests are affected by a reviewable decision may apply to
the ACAT for review of the decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see div 4.3)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
Is decision
notifiable?
|
1
|
26 (3)
|
make, amend or repeal interim safety order
|
|
2
|
26 (3)
|
refuse to make interim safety order
|
yes
|
3
|
26 (7)
|
extend period of effect of interim safety order
|
|
4
|
27 (1)
|
make, amend or repeal consumer product safety order
|
|
5
|
27 (1)
|
refuse to make consumer product safety order
|
yes
|
6
|
29
|
make, amend or repeal consumer product safety order
|
|
7
|
29
|
refuse to make consumer product safety order
|
yes
|
[1.172] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.173] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.174] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for division 4.3 (Notification and
review of decisions)—see section 35.
Part
1.41 Financial Management Act
1996
[1.175] Sections
53B and 53C
substitute
53B Reviewable decision notices
If the Treasurer refuses an application under section 53A (8), completely
or partly, the Treasurer must give a reviewable decision notice to the
applicant.
Note 1 The Treasurer must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
53C Applications for review
The following may apply to the ACAT for review of a decision under section
53A (8):
(a) an applicant for payment under section 53A (8);
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.176] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.42 First Home Owner Grant Act
2000
[1.177] Section
25 (2) (b)
substitute
(b) the objector applies to the ACAT for review of the
commissioner’s decision on the objection and—
(i) the ACAT or a court hearing the review or appeal on the matter
upholds the objection in whole or in part; and
(ii) the period when any further appeal can be made has ended;
and
(iii) neither the objector nor the commissioner has appealed against the
decision in relation to a part of the objection that was upheld.
[1.178] Sections
30 to 32
substitute
30 Reviewable decision notices
The commissioner must give a reviewable decision notice to the objector of
the commissioner’s decision on an objection.
Note 1 The commissioner must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
31 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) the objector in relation to the decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
32 Giving effect to decision on
review
(1) Within 60 days after a decision of the ACAT becomes final, the
commissioner must take any action that is necessary to give effect to the
decision.
(2) For this section, a decision of the ACAT becomes final when a period
of 30 days has passed after 1 of the following decisions and no appeal against
the decision is made within the 30-day period:
(a) a decision of the ACAT on application for review;
(b) a decision by a court hearing an appeal from—
(i) the decision of the ACAT; or
(ii) a decision of a lower court in relation to the decision of the
ACAT.
[1.179] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.43 Fisheries Act
2000
substitute
Part 10 Notification and review of
decisions
107 Meaning of reviewable decision—pt
10
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
108 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
108A Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 10)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
25
|
refuse to issue licence
|
applicant for licence
|
2
|
30
|
issue licence with conditions
|
applicant for licence
|
3
|
31
|
change licence
|
licensee
|
4
|
34
|
cancel licence
|
entity that has licence cancelled
|
5
|
39
|
refuse to register fish dealer
|
applicant for registration
|
6
|
41
|
suspend fish dealer’s registration
|
entity that has registration suspended
|
7
|
42
|
cancel fish dealer’s registration
|
entity that has registration cancelled
|
8
|
68 (6)
|
retain seized thing
|
entity from whom thing seized
|
[1.182] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.183] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.184] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 10 (Notification and review of
decisions)—see section 107.
substitute
Part 11 Notification and review of
decisions
141A Meaning of reviewable decision—pt
11
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
141B Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
141C Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
Part 12 Miscellaneous
[1.186] Sections
147 and 148
omit
[1.187] Schedule
1 heading
substitute
Schedule 1 Reviewable
decisions
(see pt 11)
[1.188] Schedule
1, column 4, heading
omit
person to be notified of
decision
substitute
entity
[1.189] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.190] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 11 (Notification and review of
decisions)—see section 141A.
Part
1.45 Freedom of Information Act
1989
[1.191] Section
26 (2) (b) (i) to (iii)
substitute
(i) the time for the Commonwealth or State to apply to the ACAT under
section 68 (Review of certain decisions in respect of documents relating to
the Commonwealth or a State) ends and no application is made; or
(ii) an application is made, but the ACAT—
(A) dismisses the application; or
(B) makes a decision in relation to the application in accordance with
terms agreed by the parties; or
(iii) an application is made and the ACAT confirms the decision to which
the application relates.
Note The ACAT may dismiss an application under the ACT Civil and
Administrative Tribunal Act 2008, s 32 (2) (a) or (b), and may make a
decision in accordance with terms agreed by the parties under s 55.
[1.192] Section
27 (2) (b) (i) to (iii)
substitute
(i) the time for the person to apply to the ACAT under section 69 (Review
of certain decisions in respect of documents relating to business affairs etc)
ends and no application is made; or
(ii) an application is made, but the ACAT—
(A) dismisses the application; or
(B) makes a decision in relation to the application in accordance with
terms agreed by the parties; or
(iii) an application is made and the ACAT confirms the decision to which
the application relates.
Note The ACAT may dismiss an application under the ACT Civil and
Administrative Tribunal Act 2008, s 32 (2) (a) or (b), and may make a
decision in accordance with terms agreed by the parties under that Act, s
55.
[1.193] Section
27A (4) (b) (i) to (iii)
substitute
(i) the time for the person to apply to the ACAT under section 69A (Review
of certain decisions about documents relating to personal information) ends and
no application is made; or
(ii) an application is made, but the ACAT—
(A) dismisses the application; or
(B) makes a decision in relation to the application in accordance with
terms agreed by the parties; or
(iii) an application is made and the ACAT confirms the decision in
relation to the application.
Note The ACAT may dismiss an application under the ACT Civil and
Administrative Tribunal Act 2008, s 32 (2) (a) or (b), and may make a
decision in accordance with terms agreed by the parties under that Act, s
55.
substitute
(4) Despite the ACT Civil and Administrative Tribunal Act 2008,
section 10 (d), and subject to any extension of time granted by the ACAT, an
applicant may make an application under subsection (1) in relation to a
decision under section 54 (3) within 28 days after the day the ombudsman informs
the applicant under section 54 (3).
substitute
64 Constitution of ACAT for certain proceedings
(1) If a request is made to the ACAT under section 62 (4), (5) or (6)
(Powers of ACAT), the ACAT must, for a proceeding on the request, be constituted
by—
(a) a presidential member; or
(b) a presidential member and 1 or more tribunal members allocated by the
general president.
(2) In this section:
general president—see the ACT Civil and
Administrative Tribunal Act 2008, dictionary.
presidential member—see the ACT Civil and
Administrative Tribunal Act 2008, dictionary.
tribunal member—see the ACT Civil and Administrative
Tribunal Act 2008, dictionary.
omit
Administrative Appeals Tribunal Act 1989
substitute
ACT Civil and Administrative Tribunal Act 2008
substitute
66 Decisions by presidential
member
(1) A question of law (including a question about whether a particular
question is one of law) arising in a proceeding before the ACAT constituted in
accordance with section 64 (Constitution of ACAT for certain proceedings) must
be decided in accordance with the opinion of a presidential member of the ACAT
for the proceeding.
(2) The ACT Civil and Administrative Tribunal Act 2008, section 52
does not apply to this section to the extent of any inconsistency.
(3) In this section:
presidential member—see section 64.
omit
Administrative Appeals Tribunal Act 1989
substitute
ACT Civil and Administrative Tribunal Act 2008
omit everything before subsection (2), substitute
72 Notice of reasons etc—application of ACT
Civil and Administrative Tribunal Act, div 4A.2 etc
(1) If an applicant has been given a written notice under section 25
(Reasons and other particulars of decisions to be given) in relation to a
decision, the ACT Civil and Administrative Tribunal Act 2008, division
4A.2 (Reasons statements) does not apply to the decision.
omit everything before paragraph (a), substitute
(1) In a proceeding under this part, the ACAT must make any order under
the ACT Civil and Administrative Tribunal Act 2008,
section 39 that it considers necessary having regard to the nature of
the proceeding and, in particular, to the necessity of avoiding the disclosure
to the applicant of—
omit everything before paragraph (a), substitute
(2) Despite the ACT Civil and Administrative Tribunal Act
2008—
omit
substitute
(8) Nothing in subsection (2), (3) or (4) prevents the ACAT from causing a
document (a subject document) produced under 1 or more of the
subsections to be sent to the Supreme Court under the ACT Civil and
Administrative Tribunal Act 2008, section 87 (Sending documents and things
to Supreme Court).
(9) However, if a subject document is sent to the Supreme Court, the court
must ensure that the contents of the document are not disclosed, other than in
accordance with this Act, to any person other than—
(a) a member of the court constituted for the proceeding before the court;
or
(b) a member of the staff of the court in the course of the performance of
the staff member’s functions.
[1.204] Dictionary,
note 2, new dot point
insert
• ACAT
[1.205] Dictionary,
definition of tribunal
omit
[1.206] Further
amendments, mentions of tribunal
omit
tribunal
substitute
ACAT
in
• section 31 (2) (c)
• section 51 (2)
• section 54 (2) and (3)
• section 57
• section 60 heading
• section 60 (1) and (3)
• section 61
• section 62
• section 63 (1)
• section 65 heading
• section 65 (2) to (5)
• section 67
• section 68
• section 69
• section 69A
• section 70 (c)
• section 71
• section 72 (2)
• section 73 heading
• section 73 (2) (a) and (b)
• section 74 (2) to (6)
• section 75
• section 76
• section 79 (5) (d)
Part
1.46 Gambling and Racing Control (Code
of Practice) Regulation 2002
substitute
(4) The notice under subsection (3) must be in the form of a reviewable
decision notice.
Note 1 The commission must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
substitute
17 Review by ACAT of commission’s decision
under s 16
A person whose interests are affected by a decision by the commission to
confirm, revoke or amend the licensee’s decision may apply to the ACAT for
review of the decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.209] Schedule
1, section 1.16, note
omit
administrative appeals tribunal
substitute
ACAT
[1.210] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.211] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
Part
1.47 Gaming Machine Act
2004
[1.212] Part
13 heading and section 173
substitute
Part 13 Notification and review of
decisions
173 Meaning of reviewable decision—pt
13
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
173A Reviewable decision notices
If the commission makes a reviewable decision, the commission must give a
reviewable decision notice to each entity mentioned in schedule 1, column 4 in
relation to the decision.
Note 1 The commission must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
173B Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
Part 14 Miscellaneous
substitute
Schedule 1 Reviewable
decisions
(see pt 13)
column 1
item
|
column 2
section
|
column 3
decision
|
column 4
entity
|
1
|
12
|
refuse application for licence
|
applicant for licence
|
2
|
12
|
issue licence of number or kind of gaming machines different from that
applied for
|
applicant for licence
|
3
|
24, 25 or 26
|
refuse to amend licence
|
applicant for amendment
|
4
|
29
|
revoke uncommenced licence amendment
|
entity that has amendment revoked
|
5
|
32
|
refuse to approve transfer of licence
|
applicant for transfer
|
6
|
38
|
refuse to give replacement licence
|
applicant for replacement
|
7
|
40
|
give licensee direction
|
licensee given direction
|
8
|
62
|
take disciplinary action
|
licensee
|
9
|
72
|
refuse to approve supplier
|
applicant for approval
|
10
|
73A
|
cancel or suspend supplier’s approval
|
supplier that has approval cancelled or suspended
|
11
|
73A
|
reprimand supplier
|
supplier
|
12
|
75
|
refuse to approve technician
|
applicant for approval
|
13
|
78
|
refuse to approve transfer of technician’s approval
|
applicant for transfer
|
14
|
79
|
cancel or suspend technician’s approval
|
technician that has approval cancelled or suspended
|
15
|
79
|
reprimand technician
|
technician
|
16
|
84
|
refuse to renew approved technician’s approval
|
applicant for renewal
|
17
|
86
|
refuse to approve attendant
|
applicant for approval
|
18
|
89
|
refuse to approve transfer of attendant’s approval
|
applicant for transfer
|
19
|
91
|
cancel or suspend attendant’s approval
|
attendant that has approval cancelled or suspended
|
20
|
91
|
reprimand attendant
|
attendant
|
21
|
96
|
refuse to renew approved attendant’s approval
|
applicant for renewal
|
22
|
100
|
refuse to approve acquisition of gaming machine
|
applicant for approval
|
23
|
102
|
refuse to approve financial arrangement or amendment of
arrangement
|
applicant for approval
|
24
|
108
|
refuse to approve repossession of gaming machine
|
applicant for approval
|
25
|
109 (2)
|
approve repossession of gaming machine subject to condition
|
applicant for approval
|
26
|
113
|
refuse to approve disposal of gaming machine
|
applicant for approval
|
27
|
134
|
refuse to authorise linked-jackpot arrangement
|
applicant for authorisation
|
28
|
135
|
refuse to issue multi-user permit
|
applicant for permit
|
29
|
135
|
issue multi-user permit subject to condition, other than condition imposed
by Act
|
applicant for permit
|
30
|
138
|
amend multi-user permit
|
entity that has permit amended
|
31
|
139
|
refuse to amend multi-user permit
|
applicant for amendment
|
32
|
140
|
refuse to approve amendment of financial and operational aspects of
linked-jackpot arrangement
|
applicant for amendment
|
33
|
141
|
refuse to transfer multi-user permit
|
applicant for transfer
|
34
|
147
|
refuse to approve entity
|
applicant for approval
|
35
|
153 (2)
|
give direction about separate parts of licensed premises
|
licensee given direction
|
36
|
164
|
refuse to approve contributions as community contributions
|
applicant for approval
|
[1.214] Dictionary,
note 2, dot points
omit
• AAT
[1.215] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.216] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 13 (Notification and
review of decisions)—see section 173.
Part
1.48 Gas Safety Act
2000
insert
Part 6A Notification and review of
decisions
64A Meaning of reviewable decision—pt
6A
In this part:
reviewable decision means a decision prescribed by
regulation.
64B Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity prescribed by regulation in relation to the
decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
64C Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity prescribed by regulation in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
omit
[1.219] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.220] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.221] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 6A (Notification and review of
decisions)—see section 64A.
Part
1.49 Gas Safety Regulation
2001
[1.222] Sections
20A and 20B
substitute
20A Reviewable decisions—Act, s 64A, def
reviewable decision
The following decisions are prescribed:
(a) a decision mentioned in schedule 1, part 1.1 under a provision of the
Act or this regulation mentioned in column 2 in relation to the
decision;
(b) a decision mentioned in schedule 1, part 1.2 under a code approved
under section 17A (1).
20B Right of review and notice—Act, s 64B and s
64C (a)
The following entities are prescribed:
(a) in relation to a decision mentioned in schedule 1, part 1.1—an
entity mentioned in schedule 1, column 4;
(b) in relation to a decision mentioned in schedule 1, part 1.2—an
entity mentioned in column 3.
insert
Schedule 1 Reviewable
decisions
(see s 20A and s 20B)
Part 1.1 Reviewable decisions—Act and
regulation
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
Act, 21 (1)
|
refuse to approve appliances of particular kind
|
applicant for approval
|
2
|
Act, 23
|
cancel approval in relation to appliances
|
entity that has approval cancelled
|
3
|
Act, 27
|
prohibit sale or installation of appliances of particular kind
|
entity that has interests affected by prohibition
|
4
|
Act, 29
|
give direction
|
trader who is given direction
|
5
|
Act, 50
|
give direction
|
occupier of premises, owner of consumer piping system or gasfitter given
direction
|
6
|
Act, 51
|
give direction
|
person or accredited person given direction
|
7
|
7 (2)
|
refuse to exempt person
|
applicant for exemption
|
8
|
7 (4)
|
exempt person subject to condition
|
applicant for exemption
|
9
|
9 (2)
|
refuse to exempt person
|
applicant for exemption
|
10
|
9 (4)
|
exempt person subject to condition
|
applicant for exemption
|
11
|
18E
|
refuse to approve appliance for commissioning
|
applicant for approval
|
12
|
18F
|
refuse to approve connection or use of appliance for product testing,
product development or experimental purposes
|
applicant for approval
|
13
|
18H
|
refuse to approve connection or use of appliance for product testing,
product development or experimental purposes
|
applicant for approval
|
Part 1.2 Reviewable decisions—code
approved under s 17A
column
1
item
|
column
2
decision
|
column
3
entity
|
1
|
refuse to accredit person to do appliance work
|
applicant for accreditation
|
2
|
impose condition on accreditation to do appliance work
|
applicant for accreditation
|
3
|
refuse to renew accreditation
|
applicant for renewal
|
4
|
suspend accreditation
|
entity that has accreditation suspended
|
5
|
cancel accreditation
|
entity that has accreditation cancelled
|
Part
1.50 Guardianship and Management of
Property Regulation 1991
omit
Part
1.51 Gungahlin Drive Extension
Authorisation Act 2004
[1.225] Section
10 (6) (a) to (c)
substitute
(a) the Environment Protection Act 1997, part 14 (Notification and
review of decisions);
(b) the Nature Conservation Act 1980, part 12 (Notification and
review of decisions);
(c) the Planning and Development Act 2007, chapter 13 (Review of
decisions);
[1.226] Dictionary,
note 2, new dot point
insert
• ACAT
[1.227] Dictionary,
definition of court
substitute
court includes the ACAT.
Part
1.52 Hawkers Act
2003
substitute
Part 5 Notification and review of
decisions
33 Definitions—pt 5
In this part:
decision-maker, for a reviewable decision, means an entity
mentioned in schedule 1, column 5 for the decision.
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
33A Reviewable decision notices
If a decision-maker makes a reviewable decision, the decision-maker must
give a reviewable decision notice to each entity mentioned in schedule 1, column
4 in relation to the decision.
Note 1 The decision-maker must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
34 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 5)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
column
5
decision-maker
|
1
|
18
|
refuse to issue licence
|
applicant for licence
|
chief executive
|
2
|
18
|
issue licence for term different to term applied for
|
applicant for licence
|
chief executive
|
3
|
18
|
issue licence subject to condition
|
applicant for licence
|
chief executive
|
4
|
22
|
refuse to amend licence in way applied for
|
licensee
|
chief executive
|
5
|
25
|
amend, suspend or cancel licence
|
person whose licence amended, suspended or cancelled
|
chief executive
|
6
|
28
|
refuse to give exemption
|
applicant for exemption
|
Minister
|
7
|
28
|
give exemption subject to condition
|
applicant for exemption
|
Minister
|
8
|
30
|
refuse to amend exemption in way applied for
|
exempt person
|
Minister
|
9
|
31
|
amend or revoke exemption
|
person whose exemption amended or revoked
|
Minister
|
[1.230] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.231] Dictionary,
new definitions
insert
decision-maker, for part 5 (Notification and review of
decisions)—see section 33.
reviewable decision, for part 5 (Notification and review of
decisions)—see section 33.
Part
1.53 Health Act
1993
substitute
(4) The clinical privileges review notice must be in accordance with the
requirements for a reviewable decision notice.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
omit
AAT
substitute
ACAT
[1.234] Dictionary,
note 2, dot points
omit
• AAT
[1.235] Dictionary,
note 2, new dot point
insert
• ACAT
Part
1.54 Health Regulation
2004
[1.236] Sections
9 and 10
substitute
9 Reviewable decision notices
If the chief executive makes a decision under section 8 (Approval of nurse
practitioner positions), the chief executive must give a reviewable decision
notice to the applicant.
Note 1 The chief executive must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
10 Applications for review
(1) The following may apply to the ACAT for review of a decision of the
chief executive under section 8:
(a) the applicant;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
(2) Without limiting subsection (1), the occupant of a nurse practitioner
position may apply to the ACAT for review of a decision of the chief executive
to amend or repeal the approval for the position, if the amendment or repeal was
otherwise than on application.
Part
1.55 Hemp Fibre Industry Facilitation
Act 2004
substitute
Part 4 Notification and review of
decisions
57 Meaning of reviewable decision—pt
4
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
57A Reviewable decision notices
If the chief executive makes a reviewable decision, the chief executive
must give a reviewable decision notice to each entity mentioned in schedule 1,
column 4 in relation to the decision.
Note 1 The chief executive must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
58 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 4)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
21 (1)
|
refuse to issue licence
|
applicant
|
2
|
25 (1)
|
refuse to renew licence
|
applicant
|
3
|
28 (1) (a)
|
amend or refuse to amend licence
|
applicant
|
4
|
35 (1)
|
suspend or cancel licence
|
person whose licence suspended or cancelled
|
5
|
36 (2)
|
immediately suspend licence
|
person whose licence suspended
|
6
|
37
|
immediately cancel licence
|
person whose licence cancelled
|
[1.239] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.240] Dictionary,
definition of reviewable decision
substitute
reviewable decision, for part 4 (Notification and review of
decisions)—see section 57.
Part
1.56 Housing Assistance Act
2007
[1.241] Section
25 (3) and (4) and note
substitute
(3) The housing commissioner may suspend or cancel all or part of the
entity’s housing assistance if—
(a) the requirement is made in writing; and
(b) the requirement states a reasonable time (of at least 7 days after the
day the requirement is given to the entity) for giving the information;
and
(c) the entity does not give the information in accordance with the
requirement.
Note The decision to suspend or cancel all or part of an
entity’s housing assistance is a reviewable decision (see s 31A), and the
housing commissioner must give a reviewable decision notice to the entity (see
s 31B).
(4) The reviewable decision notice given to the entity must
include—
(a) a statement that the housing assistance is suspended or cancelled;
and
(b) when the suspension or cancellation begins; and
(c) if housing assistance is suspended—when the suspension
ends.
substitute
Part 6A Notification and review of
decisions
31A Meaning of reviewable decision—pt
6A
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
31B Reviewable decision notices
If the housing commissioner makes a reviewable decision, the commissioner
must give a reviewable decision notice to each entity mentioned in schedule 1,
column 4 in relation to the decision.
Note 1 The housing commissioner must also take reasonable steps to
give a reviewable decision notice to any other person whose interests are
affected by the decision (see ACT Civil and Administrative Tribunal
Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
31C Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 6A)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
24
|
refuse application for housing assistance
|
applicant
|
2
|
25
|
suspend or cancel all or part of housing assistance provided to
entity
|
entity
|
3
|
25B
|
refuse to register entity as housing provider
|
entity
|
4
|
25O (2) or (3)
|
refuse to approve change to constitution or rules of housing
provider
|
applicant
|
5
|
25S
|
decide to intervene in business of housing provider
|
housing provider
|
[1.244] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.245] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 6A (Notification and review of
decisions—see section 31A.
Part
1.57 Interactive Gambling Act
1998
omit
omit
substitute
Part 8 Notification and review of
decisions
140 Definitions—pt 8
In this part:
primary decision means a decision by the Minister mentioned
in schedule 1, part 1.1, column 3, under a provision of this Act mentioned in
column 2 in relation to the decision.
reviewable decision means—
(a) a primary decision in relation to which the Minister has not signed a
certificate under section 46 (Security related decisions); or
(b) a decision by the commission mentioned in schedule 1, part 1.2,
column 3, under a provision of this Act mentioned in column 2 in relation to
the decision
141 Reviewable decision notices
If an entity makes a reviewable decision, the entity must give a reviewable
decision notice to each entity mentioned in schedule 1, part 1.2, column 4 in
relation to the decision
Note 1 The entity must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
142 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) for a primary decision in relation to which the Minister has not
signed a certificate under section 46—an entity mentioned in schedule 1,
part 1.1, column 4 in relation to the decision;
(b) for any other reviewable decision—an entity mentioned in
schedule 1, part 1.2, column 4 in relation to the decision;
(c) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 8)
Part 1.1 Primary
decisions
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
27 (1)
|
refuse to grant application for interactive gambling licence
|
applicant for licence
|
2
|
32
|
impose condition on interactive gambling licence
|
applicant for licence
|
3
|
33 (1)
|
change condition on interactive gambling licence
|
licensed provider
|
4
|
33 (1)
|
add condition to interactive gambling licence
|
licensed provider
|
5
|
37 (1)
|
refuse to approve mortgage, charge or other encumbrance over interactive
gambling licence
|
applicant for approval
|
6
|
37 (2)
|
refuse to approve sale or transfer of interactive gambling licence
|
applicant for approval
|
7
|
40 (2)
|
direct the notification of a stated matter
|
licensed provider
|
8
|
41 (1)
|
suspend interactive gambling licence
|
entity that has licence suspended
|
9
|
42 (1)
|
suspend interactive gambling licence
|
entity that has licence suspended
|
10
|
43 (1)
|
cancel interactive gambling licence
|
entity that has licence cancelled
|
11
|
44 (1)
|
appoint administrator
|
licensed provider
|
12
|
45 (a)
|
refuse to cancel suspension of interactive gambling licence
|
entity that has licence suspended
|
13
|
45 (b)
|
refuse to reduce remaining period of suspension of interactive gambling
licence
|
entity that has licence suspended
|
Part 1.2 Reviewable
decisions—commission
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
54 (1)
|
impose condition on key person licence
|
applicant for key person licence
|
2
|
55 (1) (c)
|
alter condition of ley person licence
|
key person licensee
|
3
|
55 (1) (d)
|
omit condition from key person licence
|
key person licensee
|
4
|
55 (1) (e)
|
add condition to key person licence
|
key person licensee
|
5
|
58 (1)
|
refuse to issue replacement key person licence
|
key person licensee
|
6
|
62 (1)
|
suspend key person licence
|
entity that has licence suspended
|
7
|
65 (1)
|
cancel key person licence
|
entity that has licence cancelled
|
8
|
72 (1)
|
direct agency agreement be amended
|
licensed provider
|
9
|
102 (4) (a)
|
prohibit person from participating in authorised games
|
person prohibited
|
10
|
102 (4) (b)
|
refuse to make order
|
applicant for order
|
[1.250] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
[1.251] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.252] Dictionary,
definitions of primary decision and reviewable
decision
substitute
primary decision, for part 8 (Notification and review of
decisions)—see section 140.
reviewable decision, for part 8 (Notification and review of
decisions)—see section 140.
Part
1.58 Intoxicated People (Care and
Protection) Act 1994
substitute
22 Emergency suspension and
cancellation
(1) If the Minister believes on reasonable grounds that there is an
immediate risk of danger to the health or safety of people being cared for, or
people providing care, at a licensed place, the Minister may suspend the licence
in relation to the place.
(2) A suspension under subsection (1) takes effect when the Minister gives
the reviewable decision notice about the suspension to the licensee.
Note The decision to suspend a licence is a reviewable decision (see
s 34), and the Minister must give a reviewable decision notice to the licensee
(see s 34A).
(3) The reviewable decision notice must include—
(a) the facts and circumstances on which the Minister’s belief is
based; and
(b) the licensed places (the stated places) in relation to
which the licence is suspended; and
(c) a statement that the licensee may not provide caring services at the
stated places while the licence is suspended; and
(d) a statement that the licensee may, within 28 days after the date of
the notice, make submissions to the Minister why the licence should not be
cancelled in relation to the stated places.
(4) The Minister may cancel the licence in relation to any stated place on
the ground mentioned in subsection (1).
(5) However, the Minister may cancel a licence only after the end of
28 days after the date of the reviewable decision notice.
(6) The cancellation of a licence under this section takes effect
on—
(a) the day the reviewable decision notice about the cancellation is given
to the licensee; or
(b) if the notice states a later date of effect—the stated
date.
Note The decision to cancel a licence is a reviewable decision (see
s 34), and the Minister must give a reviewable decision notice to the licensee
(see s 34A).
substitute
(4) The cancellation of a licence under this section takes effect
on—
(a) the day the reviewable decision notice about the cancellation is given
to the licensee; or
(b) if the notice states a later date of effect—the stated
date.
Note The decision to cancel a licence is a reviewable decision (see
s 34), and the Minister must give a reviewable decision notice to the licensee
(see s 34A).
substitute
Part 6 Notification and review of
decisions
34 Meaning of reviewable decision—pt
6
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
34A Reviewable decision notices
If the Minister makes a reviewable decision, the Minister must give a
reviewable decision notice to each entity mentioned in schedule 1, column 4 in
relation to the decision.
Note 1 The Minister must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
35 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 6)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
16 (1)
|
not satisfied in relation to s 16 (1) (a) or (b) in relation to
applicant
|
applicant
|
2
|
21 (1)
|
impose further condition on licence
|
licensee
|
3
|
22 (1)
|
suspend licence
|
licensee
|
4
|
22 (4) or 23 (1)
|
cancel licence
|
licensee
|
5
|
37
|
refuse to approve entity as provider of first-aid courses
|
entity
|
[1.257] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.258] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.259] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 6 (Notification and review of
decisions)—see section 34.
[1.260] Part
6 heading and section 51
substitute
Part 6 Notification and review of
decisions
51 Meaning of reviewable decision—pt
6
In this part:
reviewable decision means a decision of the Minister
mentioned in schedule 2, column 3 under a provision of this Act mentioned in
column 2 in relation to the decision.
51AA Reviewable decision notices
If the Minister makes a reviewable decision, the Minister must give a
reviewable decision notice to each entity mentioned in schedule 2, column 4 in
relation to the decision.
Note 1 The Minister must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
51AB Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 2, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
Part 7 Miscellaneous
insert
Schedule 2 Reviewable
decisions
(see pt 6)
column 1
item
|
column 2
section
|
column 3
decision
|
column 4
entity
|
1
|
14 (2)
|
make determination of compensation
|
owner of land
|
2
|
19 (1)
|
refuse to approve anchoring of buoy or erecting of wharf or jetty
|
applicant for approval
|
3
|
19 (1)
|
impose conditions on approval to anchor buoy or erect wharf or
jetty
|
applicant for approval
|
4
|
25
|
refuse to grant permit to moor boat
|
applicant for permit
|
5
|
26 (1)
|
refuse to authorise use of power boat
|
applicant for authorisation
|
6
|
26 (1)
|
impose conditions on power boat authorisation
|
applicant for authorisation
|
7
|
26 (2)
|
impose further conditions on power boat authorisation
|
entity that holds authorisation
|
8
|
26 (2)
|
vary or revoke condition imposed on power boat authorisation
|
entity that holds authorisation
|
9
|
26 (2)
|
refuse to vary or revoke condition imposed on power boat
authorisation
|
applicant for variation or revocation
|
10
|
26 (3)
|
revoke power boat authorisation
|
entity that has authorisation revoked
|
11
|
29 (1)
|
refuse to grant permit to use hovercraft
|
applicant for permit
|
12
|
29 (1)
|
impose conditions on permit to use hovercraft
|
applicant for permit
|
[1.262] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.263] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 6 (Notification and review of
decisions)—see section 51.
Part
1.60 Land Rent Act
2008
substitute
34 Review of decisions by ACAT
(1) This section applies to a determination by the commissioner of an
objection to a decision mentioned in section 33.
(2) The determination is prescribed for the Taxation Administration Act,
section 107A (Meaning of reviewable decision etc—div
10.2).
Note Applications for review by the ACAT may be made in relation to
a determination by the commissioner of a decision on an objection to an
assessment.
[1.265] Dictionary,
note 2, new dot point
insert
• ACAT
Part
1.61 Lands Acquisition Act
1994
[1.266] New
section 37 (2A)
insert
(2A) A notice under subsection (2) must set out the reasons for the
Executive’s decision.
[1.267] Section
37 (4) to (6)
substitute
(4) The terms (including any amount payable in relation to occupation on
and after the date of acquisition) on which the person remains in occupation of
the land are the terms agreed by the Executive and the person or, if they cannot
agree, the terms decided by the Executive.
Note The Executive’s decision is a reviewable decision (see s
104AA), and the Executive must give a reviewable decision notice to the person
(see s 104AC).
[1.268] New
section 56 (6) and (7)
insert
(6) The Executive must decide a claim within 42 days after the day the
claim is made.
(7) The claimant may agree in writing to an extension of the 42-day period
before the end of the period.
[1.269] Sections
59 to 64
substitute
59 Compensation for compulsory
acquisition—Executive must accept or reject claim
(1) If the Executive is satisfied that the interest in land stated in a
claim was acquired by compulsory process from the claimant, the Executive must
make an offer of compensation to the claimant that the Executive considers the
claimant is entitled to in accordance with division 6.2 or division
6.3.
Note An offer is an internally reviewable decision (see s 104AA),
and the Executive must give an internal review notice to the claimant (see
s 104AB).
(2) The internal review notice about the offer of compensation must
include a statement—
(a) that the claim is accepted; and
(b) about how the compensation offered is worked out.
(3) If the Executive does not consider that the interest in land stated in
the claim was acquired by compulsory process from the claimant, the Executive
must reject the claim.
Note The decision to reject a claim is a reviewable decision (see s
104AA), and the Executive must give a reviewable decision notice to the claimant
(see s 104AC).
(4) If the Executive has not given an internal review notice or reviewable
decision notice to the claimant within the 42-day period mentioned in section 56
(6), the Executive is taken to have rejected the claim.
60 Effect of ACAT decision
(1) If the ACAT confirms the Executive’s decision to reject a claim
for compensation, the interest stated in the claim is taken, for this Act, not
to have been acquired from the claimant by compulsory process.
(2) If the ACAT sets aside the Executive’s decision to reject a
claim for compensation, and accepts the claim, the interest stated in the claim
is taken, for this Act, to have been acquired from the claimant by compulsory
process.
61 Consequences of not seeking ACAT review of
decision to reject claim
(1) This section applies if the Executive rejects a claim for compensation
and—
(a) the claimant does not make an application to the ACAT in relation to
the rejection within the period required under the ACT Civil and
Administrative Tribunal Act 2008; or
Note Requirements for applications to the ACAT, including when an
application must be made, are prescribed under the ACT Civil and
Administrative Tribunal Act 2008 (see s 10).
(b) each of the following applies:
(i) the claimant makes an application to the ACAT in relation to the
rejection within the period required under the ACT Civil and Administrative
Tribunal Act 2008;
(ii) the ACAT confirms the decision;
(iii) it is at least 30 days since the ACAT made its decision, and no
appeal in relation to the decision has been made to the Supreme Court.
(2) The Executive may pay compensation under this part on the basis that
the claimant was not, at the time of the acquisition to which the claim relates,
entitled to the interest the subject of the claim.
(3) If compensation is paid in relation to an interest that is
inconsistent with the interest (the subject interest) the subject
of the claim, no compensation is payable in relation to the subject
interest.
62 Compensation for compulsory
acquisition—claimant may accept or reject Executive’s
offer
(1) This section applies if the Executive makes an offer of compensation
to a claimant under section 59 (1).
(2) The claimant may, by written notice given to the
Executive—
(a) accept the offer of compensation; or
(b) reject the offer of compensation, tell the Executive the amount of
compensation that the claimant considers the claimant is entitled to, and state
how the amount is worked out.
63 Compensation for compulsory
acquisition—Executive to reconsider offer and make final
offer
(1) If the Executive receives a notice under section 62 (2) (b), the
Executive must—
(a) reconsider the amount of compensation within 2 months (the
2-month period) after the day the Executive receives the notice;
and
(b) consider the information included in the notice; and
(c) make a final offer of compensation to the claimant that the Executive
considers the claimant is entitled to in accordance with division 6.2 or
6.3.
Note A final offer is a reviewable decision (see s 104AA), and the
Executive must give a reviewable decision notice to the claimant (see s
104AC).
(2) The reviewable decision notice about the final offer of compensation
must include a statement about how the compensation offered is worked
out.
(3) If the Executive has not given a reviewable decision notice to the
claimant within the 2-month period—
(a) the internal review notice given to the claimant in relation to the
claim is taken to be a reviewable decision notice given to the claimant on the
last day of the 2-month period; and
(b) the offer of compensation made in the internal review notice is taken
to be a final offer of compensation.
64 Compensation for compulsory
acquisition—claimant may accept or reject Executive’s final
offer
(1) This section applies if a person has received, or is taken to have
received, a final offer of compensation.
(2) The person may accept or reject the final offer by notice in writing
given to the Executive.
omit
omit
under section 67
substitute
to the ACAT
[1.272] Section
72 (2) (b)
substitute
(b) because of a decision of the ACAT, the interest is taken, for this
Act, to have been acquired from the person by compulsory process.
Note See s 60 (2) (Effect of ACAT decision).
[1.273] New
section 82 (6) and (7)
insert
(6) The Executive must decide a claim within 42 days after the day the
claim is made.
(7) The claimant may agree in writing to an extension of the 42-day period
before the end of the period.
[1.274] Sections
83 to 87
substitute
83 Executive must accept or reject
claim
(1) If the Executive is satisfied that compensation in accordance with
this part is payable to a claimant for compensation in relation to the loss to
which the claim relates, the Executive must make an offer of compensation to the
claimant that the Executive considers the claimant is entitled to in accordance
with division 7.1.
Note An offer is an internally reviewable decision (see s 104AA),
and the Executive must give an internal review notice to the claimant (see
s 104AB).
(2) The internal review notice about the offer of compensation must
include a statement—
(a) that the claim is accepted; and
(b) about how the compensation offered is worked out.
(3) If the Executive does not consider that compensation in accordance
with this part is payable to a claimant for compensation in relation to the loss
suffered, particulars of which were included in the claim, the Executive must
reject the claim.
Note The decision to reject a claim is a reviewable decision (see s
104AA), and the Executive must give a reviewable decision notice to the claimant
(see s 104AC).
(4) If the Executive has not given an internal review notice or reviewable
decision notice to the claimant within the 42-day period mentioned in section 82
(6), the Executive is taken to have rejected the claim.
84 Claimant may accept or reject Executive’s
offer
(1) This section applies if the Executive makes an offer of compensation
to a claimant under section 83 (1).
(2) The claimant may, by written notice given to the
Executive—
(a) accept the offer of compensation; or
(b) reject the offer of compensation, tell the Executive the amount of
compensation that the claimant considers the claimant is entitled to, and state
how the amount is worked out.
85 Executive to reconsider offer and make final
offer
(1) If the Executive receives a notice under section 84 (2) (b), the
Executive must—
(a) reconsider the amount of compensation within 2 months (the
2-month period) after the day the Executive receives the notice;
and
(b) consider the information included in the notice; and
(c) make a final offer of compensation to the claimant that the Executive
considers the claimant is entitled to in accordance with division 7.1.
Note A final offer is a reviewable decision (see s 104AA), and the
Executive must give a reviewable decision notice to the claimant (see s
104AC).
(2) The reviewable decision notice about the final offer of compensation
must include a statement about how the compensation offered is worked
out.
(3) If the Executive has not given a reviewable decision notice to the
claimant within the 2-month period—
(a) the internal review notice given to the claimant in relation to the
claim is taken to be a reviewable decision notice given to the claimant on the
last day of the 2-month period; and
(b) the offer of compensation made in the internal review notice is taken
to be a final offer of compensation.
86 Claimant may accept or reject Executive’s
final offer
(1) This section applies if a person has received, or is taken to have
received, a final offer of compensation.
(2) The person may accept or reject the final offer by notice in writing
given to the Executive.
omit
omit
under section 89
substitute
to the ACAT
substitute
(i) a reference in section 109 (Award of costs in ACAT proceeding) to the
Executive were a reference to a utility; and
[1.278] Section
102 (5) and (6)
omit
substitute
(7) If the former owner makes an application to the ACAT, the acquiring
authority must not dispose of the interest to a person other than the former
owner—
(a) until the end of 14 days after the day the ACAT’s decision on
the application takes effect; or
(b) if, within the 14-day period, the owner gives the Executive written
notice of the owner’s wish to buy the interest from the Commonwealth at
the market value decided by the ACAT—until the end of 2 months after the
day the ACAT’s decision on the application takes effect.
insert
Part 9A Notification and review of
decisions
104AA Definitions—pt
9A
In this part:
internally reviewable decision means a decision mentioned in
section 59 (1) or section 83 (1).
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
104AB Internal review notices
If the Executive makes an internally reviewable decision, the Executive
must give an internal review notice only to the claimant.
Note The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
104AC Reviewable decision
notices
If the Executive makes a reviewable decision, the Executive must give a
reviewable decision notice only to each entity mentioned in schedule 1, column 4
in relation to the decision.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
104AD Applications for review
An entity mentioned in schedule 1, column 4 in relation to a reviewable
decision may apply to the ACAT for review of the decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
substitute
109 Award of costs in ACAT
proceeding
(1) This section applies in relation to an ACAT proceeding on application
under this Act.
(2) The ACAT may recommend to the Attorney-General that the Executive
should pay all or part of the costs of the applicant or anyone else made a party
to the proceeding.
(3) The Attorney-General may, in accordance with a recommendation of the
ACAT under subsection (2), authorise the payment to a person of all or part of
the person’s costs in relation to an ACAT proceeding.
insert
Schedule 1 Reviewable
decisions
(see pt 9A)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
37 (4)
|
terms on which person remains in occupation of land
|
person to remain in occupation of land
|
2
|
59 (3)
|
reject claim
|
claimant
|
3
|
63 (1) (c) or (3)
|
make final offer
|
claimant
|
4
|
83 (3)
|
reject claim
|
claimant
|
5
|
85 (1) (c) or (3)
|
make final offer
|
claimant
|
6
|
102 (2)
|
amount stated as market value
|
former owner
|
[1.283] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.284] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.285] Dictionary,
new definitions
insert
internally reviewable decision, for part 9A (Notification and
review of decisions)—see section 104AA.
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
reviewable decision, for part 9A (Notification and review of
decisions)—see section 104AA.
Part
1.62 Land Tax Act
2004
substitute
39 Review of decisions by ACAT
(1) This section applies to a determination by the commissioner of an
objection to a decision mentioned in section 38.
(2) The determination is prescribed for the Taxation Administration Act,
section 107A (Meaning of reviewable decision etc—div
10.2).
Note Applications for review by the ACAT may be made in relation to
a determination by the commissioner of a decision on an objection to an
assessment.
[1.287] Dictionary,
note 2, dot points
omit
• AAT
substitute
• ACAT
Part
1.63 Legal Aid Act
1977
[1.288] Section
60 (3) and (4)
omit
substitute
60A Review of decision to remove from
office
(1) This section applies to a decision (the reviewable
decision) of the commission to remove a statutory officer
from office under section 60.
(2) The commission must give a reviewable decision notice to the statutory
officer.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
(3) The following people may apply to the ACAT for review of the
reviewable decision:
(a) the statutory officer;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and
Administrative Tribunal Act 2008 for the application, the form must be
used.
substitute
(c) in response to a subpoena under the ACT Civil and Administrative
Tribunal Act, section 41 (Powers in relation to witnesses etc) in relation
to an application to the ACAT under the Legal Profession Act
2006.
[1.291] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.64 Legal Profession Act
2006
substitute
(5) Subject to any regulation made under subsection (2) (c) or (d), the
law society must, in accordance with the Attorney-General’s written
request, pay an amount from the account to the ACAT trust account.
[1.293] Dictionary,
new definition of ACAT trust account
insert
ACAT trust account—see the ACT Civil and
Administrative Tribunal Act 2008, section 115B (2).
[1.294] Dictionary,
definition of disciplinary tribunal trust account
omit
Part
1.65 Legal Profession Regulation
2007
[1.295] Section
14 (1) (e) and (f)
substitute
(e) the holder fails to comply with an order of the ACAT under the Act,
section 425 (5) (b), (c), (d), (e) or (h) (ACAT orders—Australian legal
practitioners);
(f) the holder fails to comply with an order of the ACAT under the Act,
section 429 (a) or (b) (ACAT orders—employees of solicitors).
Part
1.66 Legislation Act
2001
substitute
177 Recovery of amounts owing under laws
If an amount is owing under a law to a person (the creditor)
by another person (the debtor), the creditor may recover the
amount as a debt owing by the debtor to the creditor in a court of competent
jurisdiction or the ACAT.
[1.297] Dictionary,
part 1, definitions of AAT and administrative appeals
tribunal
omit
Part
1.67 Legislative Assembly
(Members’ Superannuation) Act 1991
substitute
Part 4 Notification and review of
decisions
19 Definitions—pt 4
In this part:
internally reviewable decision means a decision of the board
under this Act.
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
reviewable decision means a decision of the
board—
(a) in relation to an internally reviewable decision; or
(b) to refuse to extend the period for applying for reconsideration of a
decision under section 21 (3).
20 Internal review notices
If the board makes an internally reviewable decision, the board must give
an internal review notice to each entity that has interests affected by the
decision.
Note The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
21 Applications for
reconsideration
(1) An entity that has interests affected by a reviewable decision may
apply to the board for reconsideration of the decision.
(2) The application must—
(a) be in writing; and
(b) state the applicant’s name and address; and
(c) set out the applicant’s reasons for making the
application.
(3) The application must be given to the secretary of the board
within—
(a) 30 days after the day the applicant is given the internal review
statement; or
(b) a longer period allowed by the board before or after the end of the
30-day period.
21A Reconsideration
The board must, within 30 days after the board receives the application for
reconsideration—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute its own decision.
21B Reviewable decision notices
If the board makes a reviewable decision, the board must give a reviewable
decision notice to each entity that must be given an internal review
notice.
Note 1 The board must also take reasonable steps to give a
reviewable decision notice to anyone whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
21C Applications to ACAT
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity that is given a reviewable decision notice;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.299] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.300] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.301] Dictionary,
new definitions
insert
internally reviewable decision, for part 4 (Notification and
review of decisions)—see section 19.
internal review notice, for part 4 (Notification and review
of decisions)—see section 19.
reviewable decision, for part 4 (Notification and review of
decisions)—see section 19.
Part
1.68 Liquor Act
1975
[1.302] Sections
25 (11), definition of approved analyst, 28 (5) and 31
(8)
omit
registrar
substitute
commissioner
Part
1.69 Liquor Regulation
1979
omit
registrar
substitute
commissioner
Part
1.70 Litter Act
2004
substitute
(5) Also, the notice must state—
(a) that the person may apply under the ACT Civil and Administrative
Tribunal Act 2008, section 22B for a reasons statement for the decision to
give the notice; and
(b) that the person may apply to the ACAT for review of the decision;
and
(c) how to make the application; and
(d) the options available under ACT laws to have the decision reviewed by
a court or the ombudsman.
(5A) However, the notice need not comply with any other requirements for
reviewable decision notices under the ACT Civil and Administrative Tribunal
Act 2008, section 67A.
omit
administrative appeals tribunal
substitute
ACAT
substitute
24 ACAT review of notice under s
21
A person to whom a notice is given under section 21 (Notice to remove
litter) may apply to the ACAT for review of the decision of the authorised
person or police officer to give the notice.
[1.307] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.71 Long Service Leave Act
1976
[1.308] Sections
13F and 13G
substitute
13F Internal review by registrar
(1) An employer may apply to the registrar for review of a requirement
made of the employer under section 13E.
(2) The application must—
(a) be in writing; and
(b) state the applicant’s name and address; and
(c) set out the applicant’s reasons for making the
application.
Note If a form is approved under s 17 for the application, the form
must be used.
(3) The registrar must—
(a) confirm the requirement; or
(b) vary the requirement; or
(c) set aside the requirement.
(4) If the registrar makes a decision under subsection (3), the registrar
must give an internal review notice only to the applicant.
Note The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
(5) In this section:
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
13G Review by ACAT
(1) This section applies if the registrar makes a decision under
section 13F (3) in relation to an employer.
(2) The registrar must give a reviewable decision notice only to the
employer.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
(3) The employer may apply to the ACAT for review of the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.309] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.72 Long Service Leave (Building and
Construction Industry) Act 1981
[1.310] Section
58 (2), note
substitute
Note The governing board’s decision to fix another amount
under s 57 (5) (b) is a reviewable decision (see s 79C, def
reviewable decision), and the board must give a reviewable
decision notice to the worker and, if the worker is an employee, the
worker’s employer (see s 79D).
insert
Part 8B Notification and review of
decisions
79C Definitions—pt
8B
In this part:
decision-maker, for a reviewable decision, means an entity
mentioned in schedule 1, column 5 for the decision.
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
79D Reviewable decision notices
If a decision-maker makes a reviewable decision, the decision-maker must
give a reviewable decision notice only to—
(a) each entity mentioned in schedule 1, column 4 in relation to the
decision; and
(b) any other person prescribed by regulation.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
79E Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person prescribed by regulation.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.312] Sections
80 and 81
omit
substitute
Schedule 1 Reviewable
decisions
(see pt 8B)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
column
5
decision-maker
|
1
|
31 (1) (b)
|
refuse to allow additional time for application for registration by
employer
|
employer
|
registrar
|
2
|
32 (2) (b)
|
refuse to register person as an employer
|
applicant for registration
|
registrar
|
3
|
41 (4) (a)
|
confirm registrar’s decision to refuse to register person as
worker
|
applicant
|
governing board
|
4
|
43 (2)
|
refuse to credit employee with prior service
|
employee
|
governing board
|
5
|
43 (2)
|
amount of prior service credited
|
employee
|
governing board
|
6
|
44 (b)
|
refuse to credit contractor with prior service
|
contractor
|
governing board
|
7
|
44 (b)
|
amount of prior service credited
|
contractor
|
governing board
|
8
|
45 (1) (b)
|
refuse to allow employer additional time for giving return to
authority
|
employer
|
registrar
|
9
|
48 (3)
|
refuse to remit all or part of amount to employer
|
employer
|
registrar
|
10
|
49 (2)
|
refuse to exempt employer from levy
|
employer
|
governing board
|
11
|
51 (1) (b)
|
refuse to allow registered contractor additional time for giving return to
authority
|
registered contractor
|
registrar
|
12
|
57 (5) (b)
|
fix another amount as the total ordinary remuneration of worker for
quarter
|
• worker
• if the worker is an employee—the worker’s
employer
|
governing board
|
13
|
61 (4)
|
refuse to credit period of service
|
employee
|
registrar
|
14
|
62 (6) (b)
|
refuse to direct registrar to re-register person
|
person
|
governing board
|
15
|
65 (2)
|
allow, or refuse to allow, objection to matter in certificate given to
worker under s 63
|
• worker
• if the worker is an employee—the worker’s
employer
|
governing board
|
16
|
65 (2)
|
allow, or refuse to allow, objection to matter in certificate given to
employer under s 64
|
• employer
• employee to whom objection relates
|
governing board
|
17
|
69
|
refuse to allow additional period
|
applicant
|
governing board
|
18
|
70 (3)
|
not satisfied that section applies to applicant
|
applicant
|
governing board
|
19
|
71 (2)
|
not satisfied that applicant entitled to long service leave
|
applicant
|
governing board
|
20
|
72 (6)
|
not satisfied that applicant entitled to payment instead of long service
leave
|
applicant
|
governing board
|
21
|
87A (3) (b)
|
not satisfied that amount paid by employer properly paid
|
employer
|
governing board
|
[1.314] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.315] Dictionary,
new definitions
insert
decision-maker, for a reviewable decision, for part 8B
(Notification and review of decisions)—see section 79C.
reviewable decision, for part 8B (Notification and review of
decisions)—see section 79C.
Part
1.73 Long Service Leave (Contract
Cleaning Industry) Act 1999
[1.316] Section
62 (2), note
substitute
Note The governing board’s decision to fix another amount
under s 61 (5) (b) is a reviewable decision (see s 83C, def
reviewable decision), and the board must give a reviewable
decision notice to the worker and, if the worker is an employee, the
worker’s employer (see s 83D).
insert
Part 8B Notification and review of
decisions
83C Definitions—pt
8B
In this part:
decision-maker, for a reviewable decision, means an entity
mentioned in schedule 1, column 5 for the decision.
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
83D Reviewable decision notices
If a decision-maker makes a reviewable decision, the decision-maker must
give a reviewable decision notice only to—
(a) each entity mentioned in schedule 1, column 4 in relation to the
decision; and
(b) any other person prescribed by regulation.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
83E Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person prescribed by regulation.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.318] Sections
84 and 85
omit
substitute
Schedule 1 Reviewable
decisions
(see pt 8B)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
column
5
decision-maker
|
1
|
33 (1) (b)
|
refuse to allow additional time for application for registration by
employer
|
employer
|
registrar
|
2
|
35 (2) (b)
|
refuse to register person as an employer
|
applicant for registration
|
registrar
|
3
|
42 (3) (b)
|
direct registrar to refuse to register applicant as worker
|
applicant
|
governing board
|
4
|
44 (3) (a)
|
confirm registrar’s decision to refuse to register applicant as
worker
|
applicant
|
governing board
|
5
|
45 (2)
|
direct registrar to register person as worker
|
person
|
governing board
|
6
|
47 (2)
|
refuse to credit employee with prior service
|
employee
|
governing board
|
7
|
47 (2)
|
amount of prior service credited
|
employee
|
governing board
|
8
|
48 (b)
|
refuse to credit contractor with prior service
|
contractor
|
governing board
|
9
|
48 (b)
|
amount of prior service credited
|
contractor
|
governing board
|
10
|
49 (1) (b)
|
refuse to allow employer additional time for giving return to
authority
|
employer
|
registrar
|
11
|
52 (3)
|
refuse to remit all or part of amount to employer
|
employer
|
registrar
|
12
|
53 (2)
|
refuse to exempt employer from levy
|
employer
|
governing board
|
13
|
55 (1) (b)
|
refuse to allow registered contractor additional time for giving return to
authority
|
registered contractor
|
registrar
|
14
|
61 (5) (b)
|
fix another amount as the total ordinary remuneration of worker for
quarter
|
• worker
• if the worker is an employee—the worker’s
employer
|
governing board
|
15
|
66 (5) (b)
|
refuse to direct registrar to re-register person
|
person
|
governing board
|
16
|
69 (2)
|
allow, or refuse to allow, objection to matter in certificate given to
worker under s 67
|
• worker
• if the worker is an employee—the worker’s
employer
|
governing board
|
17
|
69 (2)
|
allow, or refuse to allow, objection to matter in certificate given to
employer under s 68
|
• employer
• employee to whom objection relates
|
governing board
|
18
|
73
|
refuse to allow additional period
|
applicant
|
governing board
|
19
|
74 (3)
|
not satisfied that section applies to applicant
|
applicant
|
governing board
|
20
|
75 (2)
|
not satisfied that applicant entitled to long service leave
|
applicant
|
governing board
|
21
|
76 (6)
|
not satisfied that applicant entitled to payment instead of long service
leave
|
applicant
|
governing board
|
22
|
91 (6)
|
not satisfied that amount paid by employer was properly paid
|
employer
|
governing board
|
[1.320] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.321] Dictionary,
new definitions
insert
decision-maker, for a reviewable decision, for part 8B
(Notification and review of decisions)—see section 83C.
reviewable decision, for part 8B (Notification and review of
decisions)—see section 83C.
Part
1.74 Magistrates Court Act
1930
in part 4.2, insert
266A Civil disputes under ACT Civil and
Administrative Tribunal Act
(1) A proceeding may not be started in the Magistrates Court in relation
to—
(a) a common boundaries determination; or
(b) another civil dispute if an amount of not more than $10 000 is
claimed, or sought to be declared as a debt, whether or not any other relief is
also sought.
(2) In this section:
civil dispute—see the ACT Civil and Administrative
Tribunal Act 2008, section 16.
common boundaries determination—see the ACT Civil
and Administrative Tribunal Act 2008, section 15.
Note An application may be made to the ACAT for civil disputes (see
the ACT Civil and Administrative Act 2008, pt 4). The ACAT has, in
relation to civil disputes, the same jurisdiction and powers as the Magistrates
Court (see the ACT Civil and Administrative Tribunal Act 2008, s
22).
Part
1.75 Motor Sport (Public Safety) Act
2006
substitute
Part 4 Notification and review of
decisions
32 Meaning of reviewable decision—pt
4
In this part:
reviewable decision means a decision of the Minister
mentioned in schedule 1, column 3 under a provision of this Act mentioned in
column 2 in relation to the decision.
33 Reviewable decision notices
If the Minister makes a reviewable decision, the Minister must give a
reviewable decision notice to each entity mentioned in schedule 1, column 4 in
relation to the decision.
Note 1 The Minister must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
33A Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 4)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
9
|
refuse to issue licence
|
applicant for licence
|
2
|
10
|
impose conditions on licence
|
applicant for licence
|
3
|
11
|
refuse to renew licence
|
applicant for renewal
|
4
|
16
|
take disciplinary action
|
licensee
|
5
|
17
|
suspend licence
|
entity that has licence suspended
|
[1.325] Dictionary,
note 2, dot points
omit
• AAT
[1.326] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.327] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 4 (Notification and review
of decisions)—see section 32.
Part
1.76 Nature Conservation Act
1980
substitute
Part 12 Notification and review of
decisions
114 Meaning of reviewable decision—pt
12
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
115 Reviewable decision notices
If the conservator makes a reviewable decision, the conservator must give a
reviewable decision notice to each entity mentioned in schedule 1, column 4 in
relation to the decision.
Note 1 The conservator must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
116 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 12)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
60
|
give directions
|
occupier of land given directions
|
2
|
61
|
give directions
|
owner of animal or plant given directions
|
3
|
63
|
restrict access to reserved area or part of reserved area
|
entity (including entity within class) restricted from accessing
area
|
4
|
63
|
prohibit access to reserved area or part of reserved area
|
entity that has interests affected by prohibition
|
5
|
67 (1), (2) or (3)
|
refuse to grant consent
|
entity that seeks consent
|
6
|
68 (1)
|
refuse to grant consent
|
entity that seeks consent
|
7
|
104 (1) (a)
|
grant licence
|
entity that has interests affected by licence
|
8
|
104 (1) (b)
|
refuse to grant licence
|
applicant for licence
|
9
|
104 (2) (a)
|
grant licence subject to conditions
|
applicant for licence
|
10
|
104 (2) (b)
|
grant licence for stated duration
|
applicant for licence
|
11
|
105 (5)
|
vary licence condition
|
entity that has licence varied
|
12
|
110
|
cancel licence
|
entity that has licence cancelled
|
[1.330] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.331] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 12 (Notification and review of
decisions)—see section 114.
Part
1.77 Occupational Health and Safety
Act 1989
substitute
9 Exemptions
(1) The Minister may on application exempt any of the
following from complying with any or all provisions of this Act:
(a) an employer;
(b) a class of employers;
(c) an employee;
(d) a class of employees;
(e) a workplace;
(f) a class of workplace.
(2) An exemption is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(3) If the Minister refuses to grant an exemption under subsection (1)
(a), (c) or (e), the Minister must give the applicant a reviewable decision
notice.
Note 1 The Minister must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
(4) The following people may apply to the ACAT for review of a
decision by the Minister to refuse an application for an exemption:
(a) a person who is given a reviewable decision notice under subsection
(3);
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
substitute
(5) The notice must be in accordance with the requirements for a
reviewable decision notice.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
[1.334] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.78 Occupational Health and Safety
(Certification of Plant Users and Operators) Regulation
2000
substitute
Part 5 Notification and review of
decisions
29 Meaning of reviewable decision—pt
5
In this part:
reviewable decision means a decision mentioned in schedule 3,
column 3 under a provision of this regulation mentioned in column 2 in
relation to the decision.
29A Reviewable decision notices
If a person makes a reviewable decision, the chief executive must give a
reviewable decision notice to each entity mentioned in schedule 3, column 4 in
relation to the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
30 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 3, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
substitute
Schedule 3 Reviewable
decisions
(see pt 5)
column 1
item
|
column 2
section
|
column 3
decision
|
column 4
entity
|
1
|
7
|
assessor who is public employee refuses to issue satisfactory
assessment
|
applicant for assessment
|
2
|
12 (1) (c)
|
refuse to issue certificate of competency
|
applicant for certificate
|
3
|
12 (1) (c)
|
refuse to vary certificate of competency to include endorsement
|
applicant for endorsement
|
4
|
13
|
include condition in certificate of competency
|
applicant for certificate or certificate holder
|
5
|
21 (1) (c)
|
refuse to accredit person as assessor
|
applicant for accreditation
|
6
|
21 (1) (c)
|
refuse to vary certificate of accreditation to include
endorsement
|
applicant for endorsement
|
7
|
22
|
include condition in certificate of accreditation
|
applicant for certificate or certificate holder
|
8
|
27 (1)
|
suspend or cancel certificate of competency or endorsement
|
entity that has certificate suspended or cancelled
|
9
|
27 (2)
|
suspend or cancel certificate of accreditation or endorsement
|
entity that has certificate suspended or cancelled
|
10
|
28 (1)
|
immediately suspending certificate of accreditation or
endorsement
|
entity that has certificate suspended
|
11
|
28 (1)
|
immediately suspend certificate of competency or endorsement
|
entity that has certificate suspended
|
12
|
32 (2) (b)
|
refuse to give exemption
|
applicant for exemption
|
[1.337] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.338] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.339] Dictionary,
definition of reviewable decision
omit
part 5 (Review of decisions)
substitute
part 5 (Notification and review of decisions)
Part
1.79 Ombudsman Act
1989
[1.340] Section
5 (2) (o)
omit
[1.341] Section
6B (1) (c)
omit
substitute
(6) In this section:
prescribed tribunal means—
(a) the ACAT; or
(b) any other tribunal prescribed by regulation.
substitute
13 Referring questions to ACAT
(1) This section applies if the ombudsman investigates the taking of
action under a power under an enactment.
(2) The ombudsman may recommend to the relevant principal officer that a
stated question in relation to the taking of action or exercise of power be
referred to the ACAT for an advisory opinion.
(3) The ombudsman may make the recommendation—
(a) by giving the recommendation to the principal officer at any time
before the completion of the investigation by the ombudsman; or
(b) by including the recommendation in a report made by the ombudsman to
the relevant agency under section 18 after the completion of the
investigation.
(4) If the ombudsman makes a recommendation to the principal officer, the
principal officer must refer the question stated in the recommendation to the
ACAT.
(5) The ACAT may give the principal officer an advisory opinion on the
stated question.
[1.344] Dictionary,
note 2, new dot point
insert
• ACAT
Part
1.80 Payroll Tax Act
1987
[1.345] Part
4 heading and sections 19 and 20
substitute
Part 4 Notification and review of
decisions
19 Meaning of reviewable decision—pt
4
In this part:
reviewable decision means a decision mentioned in schedule 3,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
20 Reviewable decision notices
If the commissioner makes a reviewable decision, the commissioner must give
a reviewable decision notice to each entity mentioned in schedule 3, column 4 in
relation to the decision.
Note 1 The commissioner must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
20A Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 3, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
Part 5 Miscellaneous
insert
Schedule 3 Reviewable
decisions
(see pt 4)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
3Q (1)
|
refuse to determine that person is not member of group
|
person who seeks determination
|
2
|
3Q (5)
|
revoke determination that person is not member of group
|
person who has determination revoked
|
3
|
4 (3) or (6)
|
determine that service contract was entered into with intention either
directly or indirectly of avoiding or evading payment of tax
|
party to contract
|
4
|
4 (4) (d)
|
determine part of amount not attributable to performance of work
|
party to contract
|
5
|
5
|
disregard agreement, transaction or arrangement
|
party to agreement, transaction or arrangement
|
6
|
9AB
|
refuse to approve entity as group training organisation
|
applicant for approval
|
7
|
17
|
refuse to give, or revoke, notice about time within which return to be
lodged
|
applicant for variation
|
8
|
18
|
refuse to grant, or cancel, exemption certificate
|
applicant for exemption certificate
|
9
|
18
|
impose or vary conditions in relation to exemption certificate
|
employer that has conditions imposed or varied in relation to exemption
certificate
|
[1.347] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.348] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 4 (Notification and review
of decisions)—see section 19.
Part
1.81 Pest Plants and Animals Act
2005
substitute
Part 6 Notification and review of
decisions
49 Meaning of reviewable decision—pt
6
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
50 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
50A Applications for review
The following people may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 6)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
14
|
refuse to issue permit
|
applicant for permit
|
2
|
14
|
issue permit subject to condition
|
applicant for permit
|
3
|
23
|
refuse to issue permit
|
applicant for permit
|
4
|
23
|
issue permit subject to condition
|
applicant for permit
|
5
|
25
|
give pest management direction
|
person to whom direction given
|
[1.351] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.352] Dictionary,
definition of reviewable decision
substitute
reviewable decision, for part 6 (Notification and review of
decisions)—see section 49.
Part
1.82 Planning and Development
Regulation 2008
[1.353] Sections
350 and 351
substitute
350 Merit track decisions exempt from third-party
ACAT review—Act, sch 1, item 4, col 2, par
(b)
A development application in relation to a matter mentioned in schedule 3
(Matters exempt from third-party ACAT review), part 3.2 (Merit track
matters exempt from third-party ACAT review) is exempt.
351 Impact track decisions exempt from third-party
ACAT review—Act, sch 1, item 6, col 2
A development application in relation to a matter mentioned in schedule 3
(Matters exempt from third-party ACAT review), part 3.3 (Impact track
matters exempt from third-party ACAT review) is exempt.
[1.354] Dictionary,
note 2, new dot point
insert
• ACAT
[1.355] Further
amendments, mentions of AAT
omit
AAT
substitute
ACAT
in
• schedule 3 heading
• schedule 3, part 3.2 and part 3.3 heading
• dictionary, definitions of Belconnen town centre,
city centre, corrections facility, Gungahlin
town centre, town centre, Tuggeranong town
centre and Woden town centre.
Part
1.83 Public Advocate Act
2005
omit
guardianship tribunal
substitute
ACAT
[1.357] Section
10 (b) and (c)
substitute
(b) representing people with a disability at hearings before the
ACAT in relation to guardianship applications;
(c) representing forensic patients before the ACAT or a court;
substitute
(h) acting as a guardian or manager when appointed by the ACAT;
[1.359] Section
10 (i) (iii)
substitute
(iii) the functions of the ACAT under the Guardianship and Management
of Property Act 1991;
substitute
(3) The public advocate must report to the ACAT about a matter before the
ACAT if asked by the ACAT.
substitute
(b) if a suitable person is found—apply to the ACAT for the
appointment of the person as guardian or manager.
[1.362] Dictionary,
note 2, new dot point
insert
• ACAT
[1.363] Dictionary,
note 2, dot points
omit
• guardianship tribunal
• mental health tribunal
[1.364] Dictionary,
definition of forensic patient, paragraph (b)
substitute
(b) found by a court or the ACAT to be unfit to plead; or
Part
1.84 Public Health Regulation
2000
substitute
48 Refusal of approval of access to registered
information
(1) If the Minister refuses to approve a person under section
47 (2) (the decision), the Minister
must give a reviewable decision notice to—
(a) the chief health officer; and
(b) the person refused approval.
Note 1 The Minister must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
(2) The following people may apply to the ACAT for review of the
decision:
(a) the person refused approval;
(b) any other person whose interests are affected by the
decision.
[1.366] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
[1.367] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.85 Race and Sports Bookmaking Act
2001
[1.368] Section
7 (5), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to refuse to issue a licence may, on application, be reconsidered by the
commission and reviewed by the ACAT.
[1.369] Section
8 (2), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to issue a licence subject to a condition, or change a licence condition, may,
on application, be reconsidered by the commission and reviewed by the
ACAT.
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to issue a licence for a shorter period than applied for may, on application, be
reconsidered by the commission and reviewed by the ACAT.
[1.371] Section
13 (5), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to refuse to issue a licence may, on application, be reconsidered by the
commission and reviewed by the ACAT.
[1.372] Section
14 (2), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to issue a licence subject to a condition, or change a licence condition, may,
on application, be reconsidered by the commission and reviewed by the
ACAT.
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to issue a licence for a shorter period than applied for may, on application, be
reconsidered by the commission and reviewed by the ACAT.
omit
AAT
substitute
ACAT
[1.375] Section
26 (7), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to refuse to issue a licence may, on application, be reconsidered by the
commission and reviewed by the ACAT.
[1.376] Section
27 (2), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to issue a licence subject to a condition, or change a licence condition, may,
on application, be reconsidered by the commission and reviewed by the
ACAT.
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to issue a licence for a shorter period than applied for may, on application, be
reconsidered by the commission and reviewed by the ACAT.
[1.378] Section
35 (5), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to refuse to issue a licence may, on application, be reconsidered by the
commission and reviewed by the ACAT.
[1.379] Section
36 (2), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to issue a licence subject to a condition, or change a licence condition, may,
on application, be reconsidered by the commission and reviewed by the
ACAT.
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to issue a licence for a shorter period than applied for may, on application, be
reconsidered by the commission and reviewed by the ACAT.
omit
AAT
substitute
ACAT
[1.382] Section
41 (2), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
not to consider an application for a licence may, on application, be
reconsidered by the commission and reviewed by the ACAT.
[1.383] Section
42 (1), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
about costs may, on application, be reconsidered by the commission and reviewed
by the ACAT.
[1.384] Section
43 (3), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to refuse to issue a licence may, on application, be reconsidered by the
commission and reviewed by the ACAT.
[1.385] Section
44 (1), note 2
substitute
Note 2 Under pt 10 (Notification and review of decisions), a
decision not to issue a replacement licence may, on application, be reconsidered
by the commission and reviewed by the ACAT.
[1.386] Section
45 (2), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
not to reissue a licence may, on application, be reconsidered by the commission
and reviewed by the ACAT.
omit
AAT
substitute
ACAT
[1.388] Section
49 (6), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to refuse an approval may, on application, be reconsidered by the commission and
reviewed by the ACAT.
[1.389] Section
49 (7), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to refuse an authorisation may, on application, be reconsidered by the
commission and reviewed by the ACAT.
[1.390] Section
50 (2), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to issue an approval subject to a condition, or change an approval condition,
may, on application, be reconsidered by the commission and reviewed by the
ACAT.
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to issue an approval for a shorter period than applied for may, on application,
be reconsidered by the commission and reviewed by the ACAT.
[1.392] Section
57 (3), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
not to accept a referral out of time may, on application, be reconsidered by the
commission and reviewed by the ACAT.
[1.393] Section
58 (3), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to reject a referral may, on application, be reconsidered by the commission and
reviewed by the ACAT.
[1.394] Section
60 (1), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to give a direction may, on application, be reconsidered by the commission and
reviewed by the ACAT.
[1.395] Section
61 (2) to (4)
substitute
(2) If the bookmaker applies to the commission under section 82B
(Applications to commission) for reconsideration of the decision to issue the
direction, and the amount is confirmed or varied, the bookmaker must pay the
confirmed or varied amount within 28 days after the day the bookmaker receives
notice under section 83B (Reviewable decision notices).
(3) If the bookmaker applies to the ACAT under section 84 (Applications to
ACAT), the ACAT may, on application by the bookmaker, direct that the bookmaker
need not pay the amount, or a stated part of the amount, until—
(a) a stated date; or
(b) further direction by the ACAT.
(4) If the ACAT confirms or varies the amount, the bookmaker must pay any
unpaid part of the confirmed or varied amount within 28 days after the day
the bookmaker receives notice of the ACAT’s decision, or any other period
directed by the ACAT.
[1.396] Section
62 (1), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to give a direction may, on application, be reconsidered by the commission and
reviewed by the ACAT.
[1.397] Section
68 (1), note 2
substitute
Note 2 Under pt 10 (Notification and review of decisions), a
decision to cancel a licence may, on application, be reconsidered by the
commission and reviewed by the ACAT.
[1.398] Section
68 (7), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to take disciplinary action may, on application, be reconsidered by the
commission and reviewed by the ACAT.
[1.399] Section
69 (1), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to take disciplinary action may, on application, be reconsidered by the
commission and reviewed by the ACAT.
[1.400] Section
72 (2), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
not to end a licence suspension may, on application, be reconsidered by the
commission and reviewed by the ACAT.
substitute
Part 10 Notification and review of
decisions
82 Definitions—pt
10
In this part:
internally reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
internal reviewer—see section 83.
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
reviewable decision means a decision of the internal reviewer
in relation to an internally reviewable decision.
82A Internal review notices
If the commission makes an internally reviewable decision, the commission
must give an internal review notice to each entity mentioned in schedule 1,
column 4 in relation to the decision.
Note 1 The commission must also take reasonable steps to give an
internal review notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008,
s 67B).
Note 2 The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
82B Applications to commission
(1) The following may apply to the commission for reconsideration of an
internally reviewable decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
(2) The application must—
(a) be in writing; and
(b) state the applicant’s name and address; and
(c) set out the applicant’s reasons for making the
application.
Note If a form is approved under the Gambling and Racing Control
Act 1999, s 53D for the application, the form must be used.
(3) The application must be given to the commission—
(a) within 28 days after the day the applicant is given the internal
review notice; or
(b) within any longer period allowed by the commission before or after the
end of the 28-day period.
83 Internal reviewer
The commission must arrange for a person (the internal
reviewer) who did not make the internally reviewable decision to
reconsider the decision.
83A Reconsideration by internal
reviewer
(1) The internal reviewer for an internally reviewable decision must
reconsider the decision.
(2) The reconsideration must happen within 28 days (the 28-day
period) after the day the commission receives the application for
reconsideration of the internally reviewable decision.
(3) The internal reviewer must—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute the reviewer’s own
decision.
(4) If the decision is not varied or set aside within the 28-day period,
the decision is taken to have been confirmed by the internal reviewer.
83B Reviewable decision notices
If the internal reviewer makes a reviewable decision, the internal reviewer
must give a reviewable decision notice to each entity required to be given an
internal review notice in relation to the decision.
Note 1 The internal reviewer must also take reasonable steps to give
a reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed by regulation under the ACT Civil and Administrative Tribunal Act
2008.
84 Applications to ACAT
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity that is given a reviewable decision notice;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
omit
AAT
substitute
ACAT
[1.403] Section
91 (2), note
substitute
Note Under pt 10 (Notification and review of decisions), a decision
to amend, or not to amend, the nature or amount of a security guarantee may, on
application, be reconsidered by the commission and reviewed by the
ACAT.
substitute
Schedule 1 Internally reviewable
decisions
(see pt 10)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
7 (5), 13 (5), 26 (7), 35 (5) or 43
|
refuse to issue licence
|
applicant for licence
|
2
|
8 (1), 14 (1), 27 (1) or 36 (1)
|
issue licence subject to condition
|
applicant for licence
|
3
|
8 (2), 14 (2), 27 (2) or 36 (2)
|
change licence condition
|
licensee
|
4
|
10, 16, 30 or 38
|
issue licence for shorter period than applied for
|
applicant for licence
|
5
|
41 (2)
|
not to consider application for licence
|
applicant for licence
|
6
|
42
|
about costs of application
|
applicant for licence
|
7
|
44
|
not to issue replacement licence
|
licensee
|
8
|
45 (2)
|
not to reissue licence
|
licensee
|
9
|
49 (6)
|
refuse to issue approval
|
applicant for approval
|
10
|
49 (7)
|
refuse authorisation
|
approval holder
|
11
|
50 (1)
|
issue approval subject to condition
|
applicant for approval
|
12
|
50 (2)
|
change approval condition
|
approval holder
|
13
|
51
|
issue approval for shorter period than applied for
|
applicant for approval
|
14
|
57 (3)
|
not to accept referral out of time
|
backer making referral
|
15
|
58 (3)
|
reject referral
|
backer making referral
|
16
|
60 (1) or 62 (1)
|
give direction
|
entity to whom direction given
|
17
|
68 (1)
|
cancel licence
|
entity whose licence cancelled
|
18
|
68 (7) or 69 (1)
|
take disciplinary action
|
licensee
|
19
|
72 (1) or (2)
|
not to end licence suspension
|
licensee
|
20
|
91 (2)
|
amend, or not amend, nature or amount of security guarantee
|
bookmaker whose security guarantee affected
|
[1.405] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.406] Dictionary,
new definitions
insert
internally reviewable decision, for part 10 (Notification and
review of decisions)—see section 82.
internal reviewer, for part 10 (Notification and review of
decisions)—see section 83.
internal review notice, for part 10 (Notification and review
of decisions)—see the ACT Civil and Administrative Tribunal
Act 2008, section 67B (1).
[1.407] Dictionary,
definition of primary decision
omit
[1.408] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 10 (Notification and review of
decisions)—see section 82.
Part
1.86 Racing Act
1999
[1.409] New
section 20 (4)
insert
(4) The Legislation Act, section 254A (Delegation by Minister) does not
apply to a function under this section.
[1.410] New
section 26 (4)
insert
(4) The Legislation Act, section 254A (Delegation by Minister) does not
apply to a function under this section.
[1.411] New
section 32 (4)
insert
(4) The Legislation Act, section 254A (Delegation by Minister) does not
apply to a function under this section.
[1.412] Part
6 heading and sections 62 and 63
substitute
Part 6 Notification and review of
decisions
62 Meaning of reviewable decision—pt
6
In this part:
reviewable decision means a decision of the commission
mentioned in schedule 3, column 3 under a provision of this Act mentioned in
column 2 in relation to the decision.
63 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 3, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
64 Applications for review
The following people may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 3, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
Part 7 Miscellaneous
insert
Schedule 3 Reviewable
decisions
(see pt 6)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
6 (1)
|
refuse to approve race meeting for purpose of betting
|
applicant for approval
|
2
|
7 (2)
|
impose requirement about time and form of publication of
schedules
|
controlling body or ARO
|
3
|
9
|
refuse to approve conduct of phantom race meeting
|
applicant for approval
|
4
|
12
|
refuse to approve rules other than approved rules
|
applicant for approval
|
[1.414] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.415] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 6 (Notification and review
of decisions)—see section 62.
Part
1.87 Radiation Protection Act
2006
substitute
Part 7 Notification and review of
decisions
111 Meaning of reviewable decision—pt
7
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
112 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
113 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 7)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
17 (1) (b)
|
refuse to issue licence
|
applicant for licence
|
2
|
19 (b)
|
impose condition on licence
|
licensee
|
3
|
22 (1)
|
amend licence
|
licensee
|
4
|
23 (5) (b)
|
refuse to amend licence
|
applicant for amendment
|
5
|
26 (1) (b)
|
refuse to register regulated radiation source
|
applicant for registration
|
6
|
28 (b)
|
impose condition on registration of regulated radiation source
|
holder of registration
|
7
|
31 (1)
|
amend registration of regulated radiation source
|
holder of registration
|
8
|
32 (5) (b)
|
refuse to amend registration of regulated radiation source
|
applicant for amendment
|
9
|
36
|
take disciplinary action
|
licensee
|
[1.418] Dictionary,
note 2, dot points
omit
• AAT
[1.419] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.420] Dictionary,
definition of reviewable decisions
substitute
reviewable decision, for part 7 (Notification and review of
decisions)—see section 111.
[1.421] Section
54 (2) (b) (ii)
substitute
(ii) either—
(A) the period for applying under the ACT Civil and Administrative
Tribunal Act 2008 for review of the decision has ended and no application
has been made; or
(B) an application has been made and the ACAT has completed the
review.
substitute
73 Review by ACAT
(1) This section applies to a determination by the commissioner of an
objection to a decision mentioned in section 70.
(2) The determination is prescribed for the Taxation Administration Act,
section 107A (Meaning of reviewable decision etc—div
10.2).
Note Applications for review by the ACAT may be made in relation to
a determination by the commissioner of a decision on an objection to an
assessment.
[1.423] Dictionary,
note 2, dot points
omit
• AAT
substitute
• ACAT
Part
1.89 Residential Tenancies Act
1997
substitute
28 Interest on amounts in trust
account
(1) This section applies to interest from the investment of any amount
paid to the credit of the trust account under this part.
(2) The chief executive must pay the interest into the interest trust
account or the ACAT trust account.
Note The ACT Civil and Administrative Tribunal Act 2008, s
115C sets out how amounts paid into the ACAT trust account may be
used.
(3) The chief executive may transfer amounts from the interest trust
account to the ACAT trust account.
(4) Interest paid into the interest trust account may be applied for the
following purposes:
(a) providing lessor and tenant information programs;
(b) providing dispute resolution services for residential tenancy
disputes;
(c) facilitating assistance in the provision of residential accommodation,
whether or not the accommodation is provided under this Act;
(d) researching issues of concern to lessors and tenants;
(e) reimbursing the costs incurred by the commissioner in instituting,
defending or taking over proceedings in relation to tenancy disputes;
(f) reimbursing the Territory the cost of administering this
Act.
(5) In this section:
interest—see the Financial Management Act 1996,
dictionary.
interest trust account means the trust bank account
maintained by the chief executive of the administrative unit responsible for
administering this Act in accordance with the Financial Management Act
1996, section 51.
[1.425] Section
71GA (5), definition of applied provisions, 2nd dot
point
substitute
• section 28 (Interest on amounts in trust account)
[1.426] Dictionary,
new definition of ACAT trust account
insert
ACAT trust account—see the ACT Civil and
Administrative Tribunal Act 2008, section 115B (2).
Part
1.90 Roads and Public Places Act
1937
substitute
15G Review by ACAT
(1) If the Minister makes a reviewable decision, the Minister must give a
reviewable decision notice to each entity mentioned in schedule 1, column 4 in
relation to the decision.
Note 1 The Minister must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
(2) The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
(3) In this section:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
insert
Schedule 1 Reviewable
decisions
(see s 15G)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
15C (1) (b)
|
refuse to grant permit
|
applicant for permit
|
2
|
15D
|
grant a permit subject to conditions
|
applicant for permit
|
3
|
15F
|
cancel permit
|
entity that has permit cancelled
|
[1.429] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
Part
1.91 Road Transport (General) Act
1999
substitute
Part 7 Notification and review of
decisions
90 Definitions—pt 7
In this part:
CTP arbitrator means an arbitrator under the Road
Transport (Third-Party Insurance) Act 2008, section 45.
decision-maker means—
(a) the Minister; or
(b) the road transport authority; or
(c) the chief police officer; or
(d) the CTP regulator; or
(e) a CTP arbitrator.
Note CTP regulator—see the Road Transport
(Third-Party Insurance) Act 2008, s 273 (see this Act, s 8).
internally reviewable decision means a decision prescribed by
regulation, other than a decision made personally by—
(a) the Minister; or
(b) the chief police officer; or
(c) the CTP regulator; or
(d) a CTP arbitrator.
internal reviewer—see section 92A.
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
reviewable decision—see section 90A.
90A Meaning of reviewable decision
etc—pt 7
(1) For this part, a reviewable decision is—
(a) an internal reviewer’s decision in relation to an internally
reviewable decision; or
(b) a decision-maker’s decision (other than an internally reviewable
decision) prescribed by regulation.
(2) For the ACT Civil and Administrative Tribunal Act 2008, section
9 (Applications under authorising laws), the road transport legislation is taken
to be a single authorising law.
91 Internal review notices
If a decision-maker makes an internally reviewable decision, the
decision-maker must give an internal review notice to each person affected by
the decision.
Note 1 The decision-maker must also take reasonable steps to give an
internal review notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008,
s 67B).
Note 2 The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
91A Applications for internal
review
(1) A person whose interests are affected by an internally reviewable
decision may apply to the decision-maker for review of the decision.
(2) The application must—
(a) be in writing; and
(b) state the applicant’s name and address; and
(c) set out the applicant’s reasons for making the
application.
Note If a form is approved under s 225 for the application, the form
must be used.
(3) The application must be given to the decision-maker
within—
(a) 28 days after the day the applicant is given the internal review
notice for the decision; or
(b) any longer period allowed by the decision-maker before or after the
end of the 28-day period.
Note Section 95 provides for ACAT review of reviewable decisions
that are not internally reviewable decisions.
92 Applications not stay internally reviewable
decisions
The making of an application for review of an internally reviewable
decision does not affect the operation of the decision.
92A Internal reviewer
The decision-maker must arrange for a person (the internal
reviewer) who did not make the internally reviewable decision to review
the decision.
93 Review by internal reviewer
(1) The internal reviewer for an internally reviewable decision must
review the decision.
(2) The review must happen within 28 days (the 28-day
period) after the day the decision-maker receives the application for
review of the internally reviewable decision.
(3) The internal reviewer must—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute the reviewer’s own
decision.
(4) If the decision is not varied or set aside within the 28-day period,
the decision is taken to have been confirmed by the internal reviewer.
94 Reviewable decision notices
If an internal reviewer or decision-maker makes a reviewable decision, the
reviewer or decision-maker must give a reviewable decision notice to each person
affected by the decision.
Note 1 The internal reviewer or decision-maker must also take
reasonable steps to give a reviewable decision notice to any other person whose
interests are affected by the decision (see ACT Civil and Administrative
Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
95 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) for an internal reviewer’s decision in relation to an internally
reviewable decision—a person to whom an internal review notice is required
to be given in relation to the decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.431] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.432] Dictionary,
new definition of CTP arbitrator
insert
CTP arbitrator, for part 7 (Notification and review of
decisions)—see section 90.
[1.433] Dictionary,
definition of decision-maker
substitute
decision-maker, for part 7 (Notification and review of
decisions)—see section 90.
[1.434] Dictionary,
new definition of internally reviewable decision
insert
internally reviewable decision, for part 7 (Notification
and review of decisions)—see section 90.
[1.435] Dictionary,
definition of internal reviewer
substitute
internal reviewer, for part 7 (Notification and review
of decisions)—see section 92A.
[1.436] Dictionary,
new definition of internal review notice
insert
internal review notice for part 7 (Notification and
review of decisions)—see the ACT Civil and Administrative Tribunal
Act 2008, section 67B (1).
[1.437] Dictionary,
definition of reviewable decision
substitute
reviewable decision, for part 7 (Notification and review
of decisions)—see section 90A (1).
Part
1.92 Road Transport (General)
Regulation 2000
substitute
Part 4 Review of
decisions
11 Internally reviewable decisions—Act, s 90,
def internally reviewable decision
A decision mentioned in schedule 1, column 3 under a provision mentioned in
column 2 in relation to the decision is prescribed.
12 Reviewable decisions—Act, s 90A (1), def
reviewable decision, par (b)
A decision mentioned in schedule 2, column 3 under a provision
mentioned in column 2 in relation to the decision is prescribed.
[1.439] Schedule
1 heading
substitute
Schedule 1 Internally reviewable
decisions
(see s 11)
[1.440] Schedule
2 heading
substitute
Schedule 2 Reviewable
decisions
(see s 12)
Part
1.93 Road Transport (Public Passenger
Services) Regulation 2002
[1.441] Section
323 (5) to (7)
substitute
(5) If the road transport authority decides to cancel or suspend the
service authority, disqualify the person from applying for a service authority
or impose or amend a condition on the service authority, the internal review
notice about the decision must include a statement about when the cancellation,
suspension, disqualification, condition or condition as amended takes
effect.
Note A decision to take action under this section is an internally
reviewable decision (see Road Transport (General) Act 1999, s 90, def
internally reviewable decision and Road Transport (General)
Regulation 2000, sch 1), and the road transport authority must give an
internal review notice to the person (see Road Transport (General) Act
1999, s 91).
(6) A cancellation, suspension, condition or condition as amended takes
effect on—
(a) the 7th day after the day the internal review notice about the
cancellation, suspension or condition is given to the person; or
(b) if the notice states a later date of effect—the stated
date.
Part
1.94 Road Transport (Vehicle
Registration) Regulation 2000
[1.442] Section
125 (4) to (6)
substitute
(4) If the road transport authority decides to cancel or suspend the
authorisation (completely or for a class of vehicles), or disqualify the person
from applying for authorisation (completely or for a class of vehicles), the
internal review notice about the decision must include a statement about when
the cancellation, suspension or disqualification takes effect.
Note A decision to take action under this section is an internally
reviewable decision (see Road Transport (General) Act 1999, s 90, def
internally reviewable decision and Road Transport (General)
Regulation 2000, sch 1), and the road transport authority must give an
internal review notice to the person (see Road Transport (General) Act
1999, s 91).
(5) A cancellation or suspension takes effect on—
(a) the 7th day after the day the internal review notice about the
cancellation or suspension is given to the person; or
(b) if the notice states a later date of effect—the stated
date.
[1.443] Section
136 (4) to (6)
substitute
(4) If the road transport authority decides to cancel or suspend the
approval (completely or for a class of vehicles), or disqualify the proprietor
from applying for approval of premises (completely or for a class of vehicles),
the internal review notice must include a statement about when the cancellation,
suspension or disqualification takes effect.
Note A decision to take action under this section is an internally
reviewable decision (see Road Transport (General) Act 1999, s 90, def
internally reviewable decision and Road Transport (General)
Regulation 2000, sch 1), and the road transport authority must give an
internal review notice to the proprietor (see Road Transport (General) Act
1999, s 91).
(5) A cancellation or suspension takes effect on—
(a) the 7th day after the day the internal review notice about the
cancellation or suspension is given to the proprietor; or
(b) if the notice states a later date of effect—the stated
date.
substitute
Part 7 Notification and review of
decisions
65 Meaning of reviewable decision—pt
7
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
66 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
66A Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 7)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
7
|
determine stock carrying capacity of land
|
lessee of land to which determination relates
|
2
|
16
|
refuse to register mark
|
applicant for registration
|
3
|
19
|
cancel registered mark
|
person who held registration
|
4
|
24
|
refuse to give approval to earmark large stock
|
applicant for approval
|
[1.446] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.447] Dictionary,
definition of reviewable decision
substitute
reviewable decision, for part 7 (Notification and review of
decisions)—see section 65.
Part
1.96 Supreme Court Act
1933
[1.448] Section
37U (4) (h)
substitute
(h) a reference to the administrative appeals tribunal of the Commonwealth
were a reference to the ACAT; and
[1.449] Dictionary,
note 2, new dot point
insert
• ACAT
Part
1.97 Taxation Administration Act
1999
[1.450] Section
8 (1), new note
insert
Note The commissioner’s decision in relation to a tax
avoidance scheme used by a person is an internally reviewable decision (see s
107, def internally reviewable decision), and the
commissioner must give an internal review notice to the person (see
s 107B).
[1.451] Section
14 (1), note
substitute
Note An assessment is an internally reviewable decision (see s 107,
def internally reviewable decision), and the notice of assessment
must be an internal review notice (see s 107B).
[1.452] Section
29 (1), new note
insert
Note The commissioner’s decision refusing to remit interest in
accordance with a taxpayer’s application is a commissioner-reviewable
decision (see s 107, def commissioner-reviewable decision),
and the commissioner must give an internal review notice to the taxpayer (see
s 107B).
[1.453] Section
31, new note
insert
Note The commissioner’s decision to impose penalty tax is an
internally reviewable decision (see s 107, def internally reviewable
decision), and the commissioner must give an internal review notice to
the taxpayer (see s 107B).
[1.454] Section
34, note 2
substitute
Note 2 The commissioner’s decision to impose increased penalty
tax is an internally reviewable decision (see s 107, def internally
reviewable decision), and the commissioner must give an internal review
notice to the taxpayer (see s 107B).
Note 3 Table 34 contains a summary of the effect of s 31
to s 34.
[1.455] Section
37, new note
insert
Note The commissioner’s decision to refuse to remit penalty
tax payable by a person is an internally reviewable decision (see s 107,
def internally reviewable decision), and the commissioner must
give an internal review notice to the person (see s 107B).
[1.456] Section
40 (3), new note
insert
Note The commissioner’s decision refusing to vary a period or
time in accordance with a taxpayer’s application is a
commissioner-reviewable decision (see s 107, def
commissioner-reviewable decision), and the commissioner must give
an internal review notice to the taxpayer (see s 107B).
[1.457] Section
40 (5), new note
insert
Note The commissioner’s decision to revoke a notice given to a
person is an internally reviewable decision (see s 107, def
internally reviewable decision), and the commissioner must give an
internal review notice to the person (see s 107B).
[1.458] Section
43 (5), new note
insert
Note The commissioner’s decision to refuse a person approval
is an internally reviewable decision (see s 107, def internally
reviewable decision), and the commissioner must give an internal review
notice to the person (see s 107B).
[1.459] Section
44 (1), new note
insert
Note The commissioner’s decision to impose a condition on a
person’s approval is an internally reviewable decision (see s 107,
def internally reviewable decision), and the commissioner must
give an internal review notice to the person (see s 107B).
[1.460] Section
45, new note
insert
Note The commissioner’s decision to vary or cancel a
person’s approval is an internally reviewable decision (see s 107,
def internally reviewable decision), and the commissioner must
give an internal review notice to the person (see s 107B).
[1.461] Section
52 (4), new note
insert
Note The following decisions of the commissioner in relation to a
person are each commissioner-reviewable decisions (see s 107, def
commissioner-reviewable decision), and the commissioner must give
an internal review notice to the person (see s 107B):
• refuse to extend time for payment;
• refuse to accept payment by instalments;
• impose a condition on an extension or acceptance.
substitute
Part 10 Objections and
reviews
[1.463] Section
100 (3) (b)
substitute
(b) the taxpayer applies to the ACAT and—
(i) the ACAT, or a court hearing an appeal on the matter, upholds the
objection in whole or in part; or
(ii) the period when any further appeal can be made has ended;
and
(iii) neither the taxpayer nor the commissioner has applied to the ACAT in
relation to a part of the objection that was upheld.
[1.464] Section
103 (3), new notes
insert
Note 1 The commissioner’s decision to refuse a person
permission is an internally reviewable decision (see s 107, def internally
reviewable decision), and the commissioner must give an internal review
notice to the person (see s 107B).
Note 2 The commissioner’s decision to grant a person
permission subject to a condition is a commissioner-reviewable decision (see
s 107, def commissioner-reviewable decision), and the
commissioner must give an internal review notice to the person (see
s 107B).
[1.465] Section
103 (4) and (5)
omit
[1.466] Section
104, new note
insert
Note The commissioner’s decision in relation to an objection
is a reviewable decision (see s 107A), and the commissioner must give a
reviewable decision notice to the taxpayer (see s 108).
[1.467] Sections
105 and 106
substitute
105 Recovery of tax pending objection or
review
The fact that an objection or review is pending does not affect the
assessment or decision to which the objection or review relates, and tax may be
recovered as if no objection or review were pending.
substitute
Division 10.2 Notification and review of
decisions
107 Definitions—div 10.2
In this division:
commissioner-reviewable decision means a decision mentioned
in schedule 2.
internally reviewable decision means—
(a) an assessment, other than a compromise assessment, that is shown in a
notice of assessment served on a taxpayer; or
(b) a decision mentioned in schedule 1, section 1.2; or
(c) a decision under a tax law that is prescribed under the law for this
section.
107A Meaning of reviewable decision
etc—div 10.2
(1) For this division, a reviewable decision is a
determination by the commissioner of an objection by the taxpayer
to—
(a) an assessment; or
(b) a decision mentioned in schedule 1, section 1.2; or
(c) a decision under a tax law that is prescribed under the law for this
section.
(2) For the ACT Civil and Administrative Tribunal Act 2008, section
9 (Applications under authorising laws), the tax laws are taken to be a single
authorising law.
107B Internal review notices
If the commissioner makes a commissioner-reviewable decision or internally
reviewable decision in relation to a person, the commissioner must give an
internal review notice only to the person.
Note The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
108 Reviewable decision notices
If the commissioner makes a reviewable decision in relation to an objection
by a taxpayer, the commissioner must give a reviewable decision notice only to
the taxpayer.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
108A Applications for review
The taxpayer in relation to whom a reviewable decision is made may apply to
the ACAT for review of the decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
108B Grounds of review
(1) The appellant’s and respondent’s cases on a review
mentioned in section 108A are not limited to the grounds of the
objection.
(2) However, if the objection was to a reassessment, the grounds of the
review are limited to the extent of the reassessment.
109 Giving effect to ACAT
decision
(1) Within 60 days after the day an ACAT decision becomes final, the
commissioner must take any action, including amending any relevant assessment,
that is necessary to give effect to the decision.
(2) For this section, an ACAT decision becomes final when a period of 30
days has passed after the day a relevant decision is made, and no appeal against
the relevant decision has been begun within the 30-day period.
(3) In this section:
relevant decision means—
(a) the decision of the ACAT; or
(b) a decision by a court hearing an appeal from—
(i) the decision of the ACAT; or
(ii) a decision of a lower court in relation to the decision of the
ACAT.
omit
tribunal
substitute
ACAT
omit
[1.471] Schedule
1 heading
substitute
Schedule 1 Decisions reviewable by
commissioner and ACAT
(see s 100, s 107 and s 107A)
[1.472] Schedule
1, section 1.1
substitute
1.1 Objections and reviews
A person dissatisfied with a decision mentioned in section 1.2
may—
(a) lodge an objection under section 100; and
(b) if dissatisfied with the determination of the objection—apply to
the ACAT under section 108A (Applications for review).
[1.473] Schedule
1, section 1.2 heading
substitute
1.2 Decisions subject to objection or
review
[1.474] Schedule
1, section 1.2 (b) and (c)
substitute
(b) under section 31 to impose penalty tax; or
[1.475] Schedule
2 heading
omit
(see s 100)
substitute
(see s 100 and s 107)
[1.476] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.477] Dictionary,
definition of assessment, paragraph (b)
substitute
(b) an assessment substituted by the ACAT on review under
part 10.
[1.478] Dictionary,
new definitions
insert
commissioner-reviewable decision, for division 10.2
(Notification and review of decisions)—see section 107.
internally reviewable decision, for division 10.2
(Notification and review of decisions)—see section 107.
reviewable decision, for division 10.2 (Notification and
review of decisions)—see section 107A.
[1.479] Dictionary,
definition of tribunal
omit
Part
1.98 Tobacco Act
1927
[1.480] Section
58 (2) (a) (i) and (ii)
substitute
(i) to impose more stringent requirements than otherwise apply under this
Act in relation to point of sale, a point of sale display, product information
notice, price ticket or smoking advertising on or adjacent to all or any of the
premises stated in the licence; or
(ii) to impose a condition prohibiting point of sale display or smoking
advertising on or adjacent to all or any of the premises stated in the licence;
or
Part
1.99 Trade Measurement Act
1991
[1.481] Section
58 (2) (b)
omit
administrative appeals tribunal
substitute
ACAT
substitute
Division 6.4 Notification and review of
decisions
59 Meaning of reviewable decision—div
6.4
In this division:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
59A Reviewable decision notices
If the licensing authority makes a reviewable decision, the authority must
give a reviewable decision notice to each entity mentioned in schedule 1, column
4 in relation to the decision.
Note 1 The licensing authority must also take reasonable steps to
give a reviewable decision notice to any other person whose interests are
affected by the decision (see ACT Civil and Administrative Tribunal
Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
59B Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see div 6.4)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
44 (1)
|
refuse to issue licence
|
applicant for licence
|
2
|
48 (1)
|
impose or vary condition on licence
|
applicant for licence or licensee
|
3
|
55 (1)
|
make order preventing employment of person
|
person about whom order made
|
4
|
58 (1) (a)
|
reprimand licensee
|
licensee
|
5
|
58 (1) (b)
|
impose condition on licence
|
licensee
|
6
|
58 (1) (c)
|
suspend licence
|
entity that has licence suspended
|
7
|
58 (1) (e)
|
cancel licence and disqualify former licensee from holding licence
permanently or for stated period
|
entity that has licence cancelled or that is disqualified from holding
licence
|
[1.484] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.485] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.486] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for division 6.4 (Notification and
review of decisions)—see section 59.
Part
1.100 Training and Tertiary Education
Act 2003
substitute
(2) The applicant may, within 14 days after the day the applicant is given
a reviewable decision notice under section 105 (Reviewable decision notices) in
relation to the decision, ask the council to refer the disagreement to a
committee for resolution.
substitute
(2) The applicant may, within 14 days after the day the applicant is given
a reviewable decision notice under section 105 (Reviewable decision notices) in
relation to the decision, ask the council to refer the disagreement to a
committee for resolution.
substitute
Part 6.2 Notification and review of
decisions
104 Meaning of reviewable decision—pt
6.2
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
105 Reviewable decision notices
If the council or Minister makes a reviewable decision, the council or
Minister must give a reviewable decision notice to each entity mentioned in
schedule 1, column 4 in relation to the decision.
Note 1 The council or Minister must also take reasonable steps to
give a reviewable decision notice to any other person whose interests are
affected by the decision (see ACT Civil and Administrative Tribunal
Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
106 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
107 Time for lodging ACAT review applications for s
55 and s 80 decisions—ACAT Act, s 11
(1) This section applies in relation to a reviewable decision to which
section 55 (Disagreement with decision of council under s 33 or s 48) or
section 80 (Disagreement with decision of council under s 60 or s 73)
applies.
(2) An entity is not entitled to apply under section 106 for review of a
decision—
(a) until after the end of the period when a request under section 55
(2) or 80 (2) may be made; or
(b) if a request under section 55 (2) or 80 (2) has been made, until the
earlier of—
(i) the day the person who made the request is notified of the outcome of
the attempt to resolve the disagreement; or
(ii) the day after the end of the period mentioned in section 55 (4)
or 80 (4).
(3) If a request has been made under section 55 (2) or 80 (2) in relation
to a decision, the time for lodging an application for review with the ACAT is
the period beginning on the day when the person who made the request becomes
entitled under subsection (2) (b) to make the application and ending 28 days
after that day.
[1.490] Schedule
1 heading
omit
(see s 104)
substitute
(see pt 6.2)
[1.491] Schedule
1, column 4 heading
omit
person to be notified
substitute
entity
[1.492] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.493] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 6.2 (Notification and
review of decisions)—see section 104.
Part
1.101 Tree Protection Act
2005
substitute
(1) Subject to section 106 (Applications for reconsideration), an approval
takes effect on the date stated in the notice of decision.
substitute
(7) Subject to section 106 (Applications for reconsideration), the
cancellation takes effect on the date stated in the notice of
cancellation.
substitute
(1) Subject to section 106 (Applications for reconsideration), a tree
management plan takes effect on the date stated in the notice of
decision.
[1.497] Sections
52 (2) and 58 (2), note
substitute
Note A decision under this section is a reviewable decision (see s
104, def reviewable decision).
substitute
Part 13 Notification and review of
decisions
104 Definitions—pt 13
In this part:
internally reviewable decision means a decision mentioned in
schedule 1, part 1.1, column 3 under a provision of this Act mentioned in
column 2 in relation to the decision.
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
reviewable decision means a decision mentioned in schedule 1,
part 1.2, column 3 under a provision of this Act mentioned in column 2
in relation to the decision.
105 Internal review notices
If the conservator makes an internally reviewable decision, the conservator
must give an internal review notice only to each entity mentioned in schedule 1,
part 1.1, column 4 in relation to the decision.
Note The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
106 Applications for
reconsideration
(1) An entity mentioned in schedule 1, part 1.1, column 4 in relation to
an internally reviewable decision may apply to the conservator for
reconsideration of the decision.
(2) The application must be made within 14 days after the day the notice
of decision is given to the entity.
(3) The application must be in writing and must set out the grounds on
which reconsideration of the decision is sought.
Note If a form is approved under s 110 for the application, the form
must be used.
(4) If the application is made in accordance with this section, the making
of the application automatically stays the operation of the decision until the
application is finally dealt with.
107 Reconsideration of decisions
(1) As soon as practicable after receiving an application for
reconsideration of a decision (the first decision), the
conservator must, in writing, ask the advisory panel for advice on the
application.
(2) Within 30 days after the day the advisory panel receives the
conservator’s request, the advisory panel must give the conservator its
advice.
(3) Within 30 days after the day the conservator receives the advisory
panel’s advice, the conservator must—
(a) reconsider the first decision having regard to the advisory
panel’s advice; and
(b) confirm, vary or set aside the first decision.
107A Reviewable decision notice
If a person makes a reviewable decision, the person must give a reviewable
decision notice only to each entity mentioned in schedule 1, part 1.2, column 4
in relation to the decision.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
107B Applications for review
An entity mentioned in schedule 1, part 1.2, column 4 in relation to a
reviewable decision may apply to the ACAT for review of the decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.499] Section
111 (2) (c)
substitute
(c) reconsidering a decision under section 107 (Reconsideration of
decisions).
insert
Schedule 1 Reviewable
decisions
(see pt 13)
Part 1.1 Internally reviewable
decisions
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
25
|
approve, or refuse to approve, activity
|
applicant for approval
|
2
|
28
|
cancel approval of activity
|
person who held approval
|
3
|
35
|
approve, or refuse to approve, tree management plan
|
applicant for approval
|
Part 1.2 Reviewable
decisions
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
52
|
approve, or refuse to approve, registration of tree
|
applicant for registration
|
2
|
58
|
cancel, or refuse to cancel, registration of tree
|
person who holds or held registration
|
3
|
61
|
make declaration
|
lessee of land to which declaration relates
|
4
|
66
|
approve, or refuse to approve, publication of restricted
information
|
applicant for approval
|
5
|
76
|
give tree protection direction
|
owner or occupier of land to which direction relates
|
6
|
107
|
confirm, vary or set aside reconsidered decision
|
person who is given internal review notice for decision under table 104.1
in relation to decision to be reviewed.
|
[1.501] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.502] Dictionary,
definition of appeal
substitute
appeal, in relation to a reviewable decision, means an
application to the ACAT to review the decision.
[1.503] Dictionary,
new definitions
insert
internally reviewable decision, for part 13 (Notification and
review of decisions)—see section 104.
internal review notice, for part 13 (Notification and review
of decisions)—see section 104.
reviewable decision, for part 13 (Notification and review of
decisions)—see section 104.
Part
1.102 Unit Titles Act
2001
omit
part 14 (Administrative review)
substitute
part 14 (Notification and review of decisions)
substitute
Part 14 Notification and review of
decisions
173 Definitions—pt
14
In this part:
internally reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column 2 in
relation to the decision.
internal reviewer—see section 174A.
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
reviewable decision means an internal reviewer’s
decision in relation to an internally reviewable decision.
173A Internal review notices
(1) If the planning and land authority makes an internally reviewable
decision, the authority must give an internal review notice only to each person
mentioned in schedule 1, column 4 in relation to the decision.
Note 1 The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
Note 2 Section 174 gives a person who is given an internal review
notice the right to object to the internally reviewable decision (unless the
person was the applicant for the decision, and the decision was made in the
applicant’s favour).
(2) However, the planning and land authority is not required to give an
internal review notice to a person with an interest in a parcel, or an
interested non-voter, in relation to a decision if the authority is not, and
could not reasonably be, aware of the person’s interest because of the
process of reaching the decision.
(3) An internal review notice given to a person in relation to a decision
must include a statement to the effect that the person may not object to the
decision if—
(a) the person applied for the decision; and
(b) the decision was made in accordance with the application.
174 Objections
(1) A person mentioned in schedule 1, column 4 in relation to an
internally reviewable decision may object to the decision.
(2) However, a person may not object to a decision if—
(a) the person applied for the decision; and
(b) the decision was made in accordance with the application.
(3) The objection must—
(a) be in writing; and
(b) state the person’s name and address; and
(c) set out the person’s reasons for making the application;
and
(d) be given to the planning and land authority.
Note If a form is approved under s 180 for the objection, the form
must be used.
(4) The objection must be given to the planning and land authority
within—
(a) 28 days after the day the person is given the internal review notice
for the decision; or
(b) any longer period allowed by the planning and land authority before or
after the end of the 28-day period.
174A Internal reviewer
The planning and land authority must arrange for a person (the
internal reviewer) who did not make the internally reviewable
decision to review the decision.
175 Review by internal reviewer
(1) The internal reviewer for an internally reviewable decision must
review the decision.
(2) The review must happen within 28 days (the 28-day
period) after the day the planning and land authority receives the
objection to the internally reviewable decision.
(3) The internal reviewer must—
(a) allow the objection and substitute the reviewer’s own decision;
or
(b) disallow the objection.
(4) If the objection is not decided within the 28-day period, the
objection is taken to have been disallowed by the internal reviewer.
176 Reviewable decision notices
If an internal reviewer makes a reviewable decision, the reviewer must give
a reviewable decision notice only to each person to whom an internal review
notice is required to be given in relation to the decision.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
177 Effect of decision to allow
objection
If a decision is made to allow an objection and to substitute a new
decision for the decision objected to—
(a) the decision objected to no longer has effect from the date of the
reviewable decision notice; and
(b) this Act applies as if the substituted decision had been made on the
date of the notice, subject to paragraph (c); and
(c) this part does not apply to the substituted decision.
177A Applications for review
The person in relation to whom a reviewable decision is made may apply to
the ACAT for review of the decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.506] Schedule
1 heading
substitute
Schedule 1 Reviewable
decisions
(see pt 14)
[1.507] Schedule
1, column 4 heading
omit
to be notified
[1.508] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.509] Dictionary,
new definitions
insert
internally reviewable decision, for part 14
(Notification and review of decisions)—see section 173.
internal reviewer, for part 14 (Notification and review
of decisions)—see section 174A.
internal review notice, for part 14 (Notification and
review of decisions)—see the ACT Civil and Administrative Tribunal
Act 2008, section 67B (1).
[1.510] Dictionary,
definition of reviewable decision
substitute
reviewable decision, for part 14 (Notification and
review of decisions)—see section 173.
Part
1.103 Utilities Act
2000
substitute
(g) to ensure that advice given to ICRC by the ACAT, or the chief
executive under part 5 (Technical regulation), is properly considered;
[1.512] Section
37 (1), new note 2
insert
Note 2 If ICRC refuses to grant a licence, or grants a licence
subject to a condition imposed by it, it must give a reviewable decision notice
to the applicant for the licence (see s 43A).
[1.513] Section
37 (4), except note
omit
[1.514] Section
38 (1), new note 2
insert
Note 2 If ICRC refuses to vary a licence, it must give a reviewable
decision notice to the licensee (see s 43A).
omit
[1.516] Section
40 (1), new note 2
insert
Note 2 If ICRC refuses to agree to the transfer of a licence, it
must give a reviewable decision notice to the licensee (see s 43A).
[1.517] Section
40 (4), except note
omit
[1.518] Section
42 (3) (a)
substitute
(a) on the day ICRC gives a reviewable decision notice about the
revocation to the licensee; or
substitute
Division 3.3A Notification and review of
ICRC decisions
43 Meaning of reviewable decision—div
3.3A
In this division:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
43A Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
43B Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.520] Section
45 (2) (b)
omit
[1.521] Section
109 (3) (e) (ii)
substitute
(ii) the ACAT’s power to direct payment by the utility for loss or
damage resulting from the operations.
substitute
Part 11 Certain causes of action against
customer
167 Proceedings in Magistrates Court—amounts
over $10 000
(1) This section applies to a proceeding in relation to—
(a) the recovery of a customer debt that is more than $10 000;
or
(b) any other cause of action against a customer for more than
$10 000 in relation to which an application to ACAT may be made under part
12 (Complaints to ACAT about utilities).
(2) A utility may not begin a proceeding to which this section applies
against the customer in the Magistrates Court unless the utility has given the
customer written notice of its intention to do so.
(3) The notice—
(a) must be given at least 7 days before the day the proceeding is begun;
and
(b) must include a statement about—
(i) the customer’s rights to make an application in relation to a
complaint to the ACAT under part 12; and
(ii) the effect of the Magistrates Court Act 1930, section 266
(Complaints under Utilities Act, pt 12).
(4) In this section:
customer debt—see section 169.
168 Civil dispute applications to
ACAT
(1) This section applies in relation to—
(a) the recovery of a customer debt; or
(b) any other cause of action against a customer in relation to which an
application to ACAT may be made under part 12 (Complaints to ACAT about
utilities).
(2) A utility may not make an application to the ACAT under the
ACT Civil and Administrative Tribunal Act 2008, part 4 (Civil
disputes) in relation to the debt or cause of action unless the utility has
given the customer written notice of its intention to do so.
(3) The notice—
(a) must be given at least 7 days before the day the application is made;
and
(b) must include a statement about the customer’s rights to make an
application in relation to a complaint to the ACAT under part 12.
(4) In this section:
customer debt—see section 169.
Part 12 Complaints to ACAT about
utilities
Division
12.1 Preliminary
169 Definitions—pt 12
In this part:
complainant—see section 172.
complaint—see section 172.
customer debt means an amount payable by a customer to a
utility in relation to the provision of a utility service to premises for the
customer.
registrar means the registrar of the ACAT.
respondent, in relation to a complaint, means the utility the
subject of the complaint.
utility, in relation to an act or omission, includes a person
who was licensed at the time of the act or omission.
withdrawal, of a utility service, includes the reduction or
termination of the service, whether by disconnection from a network or
otherwise.
170 Application—pt 12
This part does not apply to a complaint by a utility.
171 Principles—pt 12
In exercising its functions under this part, the ACAT must consider the
following principles:
(a) that utility services should continue to be provided to complainants
suffering financial hardship;
(b) that the rights of complainants under the Act should be
protected.
Division 12.2 Applications to
ACAT
172 ACAT applications
A person (the complainant) mentioned in table 172, column 2
may apply to the ACAT in relation to a matter (the complaint)
mentioned in column 3 in relation to the complainant.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
Table 172 ACAT applications
column 1
item
|
column 2
complainant
|
column 3
complaint
|
1
|
consumer affected by contravention
|
contravention of a customer contract by a utility
|
2
|
consumer
|
a utility fails to provide a utility service to consumer or withdraws a
utility service from consumer, and failure or withdrawal causes substantial
hardship, or is likely to cause substantial hardship, to consumer
|
3
|
person affected by contravention
|
contravention of s 51 (Protection of personal information) by a
utility
|
4
|
person affected by contravention
|
contravention by a utility of an obligation under this Act in relation to
its network operations
|
5
|
person affected by act or omission
|
act or omission of an authorised person for a utility in relation to
network operations
|
6
|
person on whom charge imposed
|
capital contribution charge imposed under s 101
|
173 Help with applications about failure to provide,
or withdrawal of, utility services
(1) This section applies if—
(a) the registrar considers that a person making an application, or
considering making an application, needs help with the application;
and
(b) the application is in relation to the failure to provide a utility
service to the person or the withdrawal of a utility service from the
person.
(2) The registrar must ask the person whether the person wants the
registrar to put the application in writing for the person.
(3) If the person wants the registrar to put the application in writing,
the registrar must do so.
(4) This section is in addition to the ACT Civil and Administrative
Tribunal Act 2008, section 13 (Help with applications etc).
174 Advising Minister etc about systemic
problems
(1) This section applies if it appears to the ACAT that applications under
this part to the ACAT indicate a systemic problem in relation
to—
(a) the operation of this part; or
(b) other matters that come to the ACAT’s attention in the course of
exercising its functions under this part.
(2) The ACAT must tell the following about the problem:
(a) each Minister responsible for administering the Act;
(b) the ICRC.
(3) This section is in addition to the ACT Civil and
Administrative Tribunal Act 2008, section 14 (Advising Attorney-General
about systemic problems).
Division 12.3 Preliminary
inquiries
175 Preliminary
inquiries—registrar
If a person makes a complaint, the registrar may make inquiries of the
person, respondent or anyone else to decide—
(a) whether this part applies to the matter complained of; and
(b) if so, whether the ACAT should consider the matter.
Division 12.4 Dismissal of
complaints
176 Dismissal of complaints about
utilities
(1) The ACAT may dismiss a complaint about a utility if satisfied
that—
(a) this part does not apply to the matter complained of; or
(b) the complaint has been withdrawn or abandoned (for example, because
the complainant fails to proceed with the complaint within a reasonable time);
or
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(c) the complaint relates to a matter, or the last of a series of matters,
that happened more than 1 year before the day the complaint was made;
or
(d) if the registrar makes an inquiry under section 175 of the person
making the complaint—the person has not responded to the inquiry;
or
(e) the complainant has not made reasonable efforts to resolve the matter
complained of with the utility, particularly in accordance with the
utility’s complaint handling procedures; or
(f) the matter complained of has already been dealt with adequately by the
ACAT or otherwise; or
(g) a remedy more appropriate than action under this part is readily
available to the complainant; or
(h) it is otherwise appropriate to do so.
Note The ACAT may dismiss an application if it is frivolous or
vexatious (see ACT Civil and Administrative Tribunal Act 2008,
s 32).
(2) If the ACAT dismisses a complaint, it must give each party written
notice of the dismissal, setting out its reasons for the dismissal.
Division 12.5 Powers and decisions of
ACAT
177 Complainant’s records
(1) This section applies if a complainant makes a complaint about a
utility.
(2) The utility must give the ACAT the utility’s records, or access
to the records, in relation to the complainant.
(3) The complainant is taken to consent to the disclosure of the records
to the ACAT.
Note See s 51 (Protection of personal information).
178 ACAT decisions
(1) This section applies if the ACAT is satisfied, in relation to a
complainant, that—
(a) the respondent has—
(i) contravened a customer contract; or
(ii) contravened section 51 (Protection of personal information);
or
(iii) contravened an obligation under this Act in relation to its network
operations; or
(b) the respondent has caused, or would cause, substantial hardship by
failing to provide, or withdrawing, a utility service; or
(c) an authorised person for the respondent has acted improperly in
relation to network operations; or
(d) a capital contribution charge, of an amount of not more than $10 000,
imposed by the respondent is excessive.
(2) Without limiting the orders the ACAT may make, the ACAT
may—
(a) for a complaint that a capital contribution charge is
excessive—give a direction under section 182 (Reviewable capital
contribution charges); or
(b) in any other case—
(i) give the written directions to the respondent that it considers
necessary requiring the respondent to remedy the matter mentioned in subsection
(1); or
(ii) give another direction under this division; or
(iii) make a declaration under this division.
(3) A respondent must comply with a direction given to it under this
division.
179 Continuity of utility services—nonpayment
of customer debt
(1) This section applies to a complaint about the actual or potential
withdrawal of a utility service because of a failure to pay a customer debt in
relation to residential premises.
(2) If the ACAT is satisfied that the withdrawal of the utility services
causes, or would cause, substantial hardship for a consumer, the ACAT may give
the respondent a written direction—
(a) not to withdraw the service; or
(b) if the service has been withdrawn—to restore the service as soon
as practicable and, in any event, within 24 hours after the direction is given
to the respondent.
(3) A direction may contain ancillary directions, for example, that the
service not be withdrawn—
(a) during a stated period; or
(b) unless the consumer fails to comply with a stated condition.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
180 Discharge of customer debt
(1) If the ACAT is satisfied that payment of a customer debt in relation
to residential premises would cause substantial hardship for the customer, the
ACAT may, in writing, declare that the debt is discharged in whole or to a
stated extent.
(2) The declaration may provide that the discharge is conditional on
payment by the customer of a stated amount or amounts in accordance with the
declaration.
(3) A declaration has effect for all purposes according to its
terms.
(4) The amount of the debt discharged by a declaration may not be more
than—
(a) $10 000; or
(b) if another amount is prescribed by regulation—the prescribed
amount.
181 Payment for loss or damage
(1) If the ACAT is satisfied that a complainant suffered loss or damage
because of an act by the respondent, or an authorised person for the respondent,
of a kind mentioned in section 178 (ACAT decisions), the ACAT may give the
respondent a written direction to pay a stated amount to the complainant for the
loss or damage.
(2) The direction may not be given in relation to a punitive
amount.
(3) The amount payable under the direction is a debt due to the
complainant in whose favour the direction is given.
(4) In giving the direction, the ACAT must take account of the extent (if
any) to which the complainant—
(a) caused, or contributed to, the loss or damage; or
(b) obstructed, or interfered with, the exercise of the respondent’s
functions under this Act.
(5) The amount stated in a direction may not be more than—
(a) $10 000; or
(b) if another amount is prescribed by regulation—the prescribed
amount.
(6) The registrar must, if asked by the complainant in whose favour a
direction is made, give the complainant a copy of the direction certified by the
registrar.
182 Reviewable capital contribution
charges
(1) This section applies if the ACAT is satisfied that a capital
contribution charge imposed by the respondent is excessive.
(2) The ACAT may give the respondent a written direction to reduce the
charge to the amount stated in the direction.
(3) For subsection (2), the ACAT must state an amount that it considers
reasonable having regard to—
(a) the cost of the work to which the charge relates; and
(b) the relevant industry code.
(4) The ACAT may only give a direction under subsection (2) in relation to
a capital contribution charge of not more than $10 000.
(5) To remove any doubt, this section is additional to, and does not
limit—
(a) section 179 (Continuity of utility services—nonpayment of
customer debt); and
(b) section 180 (Discharge of customer debt).
183 Reimbursement of utilities for customer debts
discharged
If a customer debt owed to a utility is discharged under section 180
(Discharge of customer debt), the amount discharged is a debt due to the utility
by the Territory.
Division 12.6 Confidential
information
184 Protection of confidential
information
(1) The ACAT must preserve the confidentiality of information disclosed
to, or obtained by, the ACAT in the exercise of its functions under this part,
including—
(a) personal information; and
(b) information that—
(i) could affect the competitive position of a utility or someone else;
or
(ii) is commercially sensitive for another reason.
(2) The ICRC Act, sections 44 to 48 apply, so far as applicable, in
relation to the functions of the ACAT under this part as if—
(a) a reference to the ICRC were a reference to any of the
following:
(i) the ACAT;
(ii) a person who is or has been an ACAT member;
(iii) a person who is or has been a member of the staff of the
ACAT;
(iv) a person who is or has been acting under the direction or authority
of the ACAT; and
(b) any other necessary changes were made.
(3) In this section:
ACAT member—see the ACT Civil and
Administrative Tribunal Act 2008, dictionary, definition of
tribunal member.
substitute
(2) The ICRC may, in writing, determine fees for this Act (other than
part 12 (Complaints to ACAT about utilities) and part 14
(Streetlighting and stormwater)).
insert
Schedule 1 Reviewable
decisions
(see div 3.3A)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
37
|
refuse to grant licence
|
applicant for licence
|
2
|
37
|
grant licence subject to condition
|
applicant for licence
|
3
|
38
|
refuse to vary licence
|
licensee
|
4
|
38
|
vary licence on ICRC’s own initiative
|
licensee
|
5
|
40
|
refuse to agree to transfer of licence
|
licensee
|
6
|
42
|
revoke a licence
|
person whose licence revoked
|
[1.525] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.526] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.527] Dictionary,
note 2, dot points
omit
• Supreme Court
[1.528] Dictionary,
definition of complaint
substitute
complaint, for part 12 (Complaints to ACAT about
utilities)—see section 172.
complainant, for part 12 (Complaints to ACAT about
utilities)—see section 172.
[1.529] Dictionary,
definition of council
omit
[1.530] Dictionary,
definition of customer debt
substitute
customer debt, for part 12 (Complaints to ACAT about
utilities)—see section 169.
[1.531] Dictionary,
definition of party
omit
[1.532] Dictionary,
definition of registrar
substitute
registrar, for part 12 (Complaints to ACAT about
utilities)—see section 169.
[1.533] Dictionary,
definition of respondent
substitute
respondent, for an application in relation to a complaint,
for part 12 (Complaints to ACAT about utilities)—see section
169.
[1.534] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for division 3.3A (Notification and
review of ICRC decisions)—see section 43.
[1.535] Dictionary,
definition of utility
substitute
utility—
(a) for this Act generally—means a person licensed to provide a
utility service; or
(b) for part 9 (Controller’s power to take over
operations)—see section 134; or
(c) in relation to an act or omission, for part 12 (Complaints to ACAT
about utilities)—see section 169.
[1.536] Dictionary,
definition of withdrawal
substitute
withdrawal, of a utility service, for part 12 (Complaints to
ACAT about utilities)—see section 169.
Part
1.104 Victims of Crime Regulation
2000
substitute
Division 3.2 Notification and review of
eligibility decisions
25 Definitions—div 3.2
In this division:
affected person means a person the responsible service agency
decides is not eligible for the victims services scheme.
internally reviewable decision means a decision of the
responsible service agency that a person is not eligible for the victims
services scheme.
internal reviewer—see section 26A.
internal reviewer’s decision means a decision of an
internal reviewer in relation to an internally reviewable decision.
internal review notice—see the ACT Civil and
Administrative Tribunal Act 2008, section 67B (1).
reviewable decision means a decision of the committee in
relation to an internal reviewer’s decision.
25A Internal review notices—responsible service
agency
If the responsible service agency makes an internally reviewable decision,
the agency must give an internal review notice only to the affected
person.
Note The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
26 Applications to responsible service agency for
internal review
(1) The affected person may apply to the responsible service agency for
review of the internally reviewable decision.
(2) The application must—
(a) be in writing; and
(b) state the applicant’s name and address; and
(c) set out the applicant’s reasons for making the
application.
Note If a form is approved under s 51 for the application, the form
must be used.
(3) The application must be given to the responsible service agency
within—
(a) 28 days after the day the applicant is given the internal review
notice by the responsible service agency; or
(b) any longer period allowed by the responsible service agency before or
after the end of the 28-day period.
26A Internal reviewer
The responsible service agency must arrange for a person (the
internal reviewer) who did not make the internally reviewable
decision to review the decision.
27 Review by internal reviewer
(1) The internal reviewer for an internally reviewable decision must
review the decision.
(2) The review must happen within 28 days (the 28-day
period) after the day the responsible service agency receives the
application for review of the internally reviewable decision.
(3) The internal reviewer must—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute the reviewer’s own
decision.
(4) If the decision is not varied or set aside within the 28-day period,
the decision is taken to have been confirmed by the internal reviewer.
27A Internal review notices—internal
reviewer
If an internal reviewer makes an internal reviewer’s decision, the
internal reviewer must give an internal review notice only to the affected
person.
Note The requirements for internal review notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
28 Eligibility Review Committee
(1) The Eligibility Review Committee is continued in existence.
(2) The committee consists of the DPP member, the courts member and the
legal profession member.
29 Applications to committee for internal
review
(1) The affected person may apply to the committee for review of the
internal reviewer’s decision.
(2) The application must—
(a) be in writing; and
(b) state the applicant’s name and address; and
(c) set out the applicant’s reasons for making the
application.
Note If a form is approved under s 51 for the application, the form
must be used.
(3) The application must be given to the committee within—
(a) 28 days after the day the applicant is given the internal review
notice by the internal reviewer; or
(b) any longer period allowed by the committee before or after the end of
the 28-day period.
30 Review by committee
(1) The committee for an internal reviewer’s decision must review
the decision.
(2) The review must happen within 28 days (the 28-day
period) after the day the committee receives the application for review
of the internal reviewer’s decision.
(3) The committee must—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute the committee’s own
decision.
(4) If the decision is not varied or set aside within the 28-day period,
the decision is taken to have been confirmed by the committee.
31 Reviewable decision notices
If the committee makes a reviewable decision, the committee must give a
reviewable decision notice only to the affected person.
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
32 Applications to ACAT
The affected person may apply to the ACAT for review of a reviewable
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.538] Sections
46 and 47
substitute
Division 3.6 Notification and review of
decisions about service providers
46 Meaning of reviewable decision—div
3.6
In this division:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this regulation mentioned in
column 2 in relation to the decision.
46A Reviewable decision notices
If the board makes a reviewable decision, the board must give a reviewable
decision notice to each entity mentioned in schedule 1, column 4 in relation to
the decision.
Note 1 The board must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
47 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
omit
schedule 1
substitute
schedule 2
insert
Schedule 1 Reviewable decisions about
service providers
(see div 3.6)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
40
|
refuse to approve service provider
|
applicant
|
2
|
42
|
suspend service provider’s approval
|
service provider
|
3
|
43
|
cancel approval of service provider
|
person who was approved service provider
|
[1.541] Schedule
1 heading
substitute
Schedule 2 Victims services
levy—excluded offences
(s 49A)
[1.542] Schedule
1, part 1.1 heading
substitute
Part 2.1 Australian Road
Rules
[1.543] Schedule
1, part 1.2 heading
substitute
Part 2.2 Road Transport (Safety and Traffic
Management) Regulation 2000
[1.544] Schedule
1, part 1.3 heading
substitute
Part 2.3 Australian National University Act
1991 (Cwlth)—Parking and Traffic Statute (No 2) 2007
[1.545] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.546] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.547] Dictionary,
definition of affected person
substitute
affected person, for division 3.2 (Notification and review of
eligibility decisions)—see section 25.
[1.548] Dictionary,
new definition of internally reviewable decision
insert
internally reviewable decision, for division 3.2
(Notification and review of eligibility decisions)—see section
25.
[1.549] Dictionary,
definition of internal reviewer
substitute
internal reviewer, for division 3.2 (Notification and review
of eligibility decisions)—see section 26A.
[1.550] Dictionary,
new definitions
insert
internal reviewer’s decision, for division 3.2
(Notification and review of eligibility decisions)—see section
25.
internal review notice, for division 3.2 (Notification and
review of eligibility decisions)—see the ACT Civil and Administrative
Tribunal Act 2008, section 67B (1).
[1.551] Dictionary,
definition of reviewable decision
substitute
reviewable decision—
(a) for division 3.2 (Notification and review of eligibility
decisions)—see section 25; and
(b) for division 3.6 (Notification and review of decisions)—see
section 46.
Part
1.105 Waste Minimisation Act
2001
substitute
(3) The notice under subsection (1) must require the member to remedy the
contravention within a stated period of at least 1 month after the date the
notice is given to the member.
Note A decision requiring a person to remedy a contravention of an
IWRP is a reviewable decision (see s 44), and the chief executive must give a
reviewable decision notice to the person (see s 44A).
[1.553] Part
5 heading and section 44
substitute
Part 5 Notification and review of
decisions
44 Meaning of reviewable decision—pt
5
In this part:
reviewable decision means a decision under section 18 to
require a person to remedy a contravention of an IWRP.
44A Reviewable decision notices
If the chief executive makes a reviewable decision, the chief executive
must give a reviewable decision notice to the person of whom the requirement
under section 18 is made.
Note 1 The chief executive must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
44B Applications for review
The following people may apply to the ACAT for review of a reviewable
decision:
(a) a person of whom a requirement under section 18 is made;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
Part 6 Miscellaneous
[1.554] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.555] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 5 (Notification and review of
decisions)—see section 44.
Part
1.106 Water and Sewerage Act
2000
[1.556] Part
5 heading and section 44
substitute
Part 5 Notification and review of
decisions
44 Meaning of reviewable decision—pt
5
In this part:
reviewable decision means a decision prescribed by
regulation.
44A Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable
decision notice to each entity prescribed by regulation in relation to the
decision.
Note 1 The person must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
44B Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity prescribed by regulation in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
Part 5A Miscellaneous
[1.557] Dictionary,
note 2, dot points
omit
• administrative appeals tribunal
substitute
• ACAT
[1.558] Dictionary,
note 2, new dot point
insert
• reviewable decision notice
[1.559] Dictionary,
new definition of reviewable decision
insert
reviewable decision, for part 5 (Notification and review of
decisions)—see section 44.
Part
1.107 Water and Sewerage Regulation
2001
[1.560] Sections
26 and 27
substitute
26 Reviewable decisions—Act, s 44, def
reviewable decision
A decision mentioned in schedule 1, column 3 under a provision mentioned in
column 2 in relation to the decision is prescribed.
27 Right of review and notice—Act, s 44A and s
44B (a)
An entity mentioned in schedule 1, column 4 is prescribed.
insert
Schedule 1 Reviewable
decisions
(see s 26 and s 27)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
Act, 22 (2)
|
give direction to do work
|
owner given direction
|
2
|
Act, 32 (4)
|
give direction to take stated action
|
entity given direction
|
3
|
15 (4)
|
refuse to give exemption
|
applicant for exemption
|
4
|
25
|
refuse to issue certificate of compliance
|
applicant for certificate of compliance
|
Part
1.108 Water Resources Act
2007
substitute
Part 11 Notification and review of
decisions
94 Meaning of reviewable decision—pt
11
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in relation to the
decision.
95 Reviewable decision notices
If the authority makes a reviewable decision, the authority must give a
reviewable decision notice to each entity mentioned in schedule 1, column 4
in relation to the decision.
Note 1 The authority must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
96 Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
insert
Schedule 1 Reviewable
decisions
(see pt 11)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
24
|
amend water access entitlement
|
holder of water access entitlement
|
2
|
26
|
refuse to approve transfer of whole or part of water access
entitlement
|
holder of water access entitlement
|
3
|
30
|
refuse to issue licence to take water
|
applicant for licence
|
4
|
31
|
impose condition on licence to take water
|
applicant for licence
|
5
|
35
|
refuse to issue driller’s licence
|
applicant for licence
|
6
|
36
|
impose condition on driller’s licence
|
applicant for licence
|
7
|
39
|
refuse to issue bore work licence
|
applicant for licence
|
8
|
40
|
impose condition on bore work licence
|
applicant for licence
|
9
|
44
|
refuse to issue waterway work licence
|
applicant for licence
|
10
|
45
|
impose condition on waterway work licence
|
applicant for licence
|
11
|
49
|
refuse to issue recharge licence
|
applicant for licence
|
12
|
50
|
impose condition on recharge licence
|
applicant for licence
|
13
|
53
|
refuse to renew licence
|
applicant for renewal
|
14
|
55
|
impose condition on, or amend existing condition of, licence
|
licence holder
|
15
|
62
|
take disciplinary action mentioned in s 61 (c), (d), (e) or
(f)
|
holder of water access entitlement, water allocation or licence
|
16
|
72
|
give direction to modify or remove water structure
|
person to whom direction given
|
17
|
73
|
give direction to take stated action to rectify effect of unauthorised
activity
|
person to whom direction given
|
18
|
74
|
give direction to take stated action to prevent or rectify damage to bed or
banks of waterway
|
person to whom direction given
|
19
|
75
|
give direction in relation to unlicensed taking of surface water
|
person to whom direction given
|
20
|
76
|
give direction in relation to bore
|
person to whom direction given
|
[1.564] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.565] Dictionary,
definition of reviewable decision
substitute
reviewable decision, for part 11 (Notification and
review of decisions)—see section 94.
Part
1.109 Workers Compensation Act
1951
substitute
Chapter 12 Notification and review of
decisions
198 Meaning of reviewable decision—ch
12
In this chapter:
reviewable decision means a decision made by the Minister
that is prescribed by regulation.
199 Reviewable decision notices
If the Minister makes a reviewable decision, the Minister must give a
reviewable decision notice to each entity prescribed by regulation in relation
to the decision.
Note 1 The Minister must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s
67A).
Note 2 The requirements for reviewable decision notices are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
199A Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity prescribed by regulation in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
[1.567] Dictionary,
note 2, new dot points
insert
• ACAT
• reviewable decision notice
[1.568] Dictionary,
definition of reviewable decision
omit
(Review of decisions by administrative appeals tribunal)
substitute
(Notification and review of decisions)
Part
1.110 Workers Compensation Regulation
2002
[1.569] Section
33 (3) (a)
substitute
(a) if the decision is to take action other than suspension—by
giving the provider a reviewable decision notice; or
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
[1.570] Section
34 (3) (a)
substitute
(a) if the decision is to take action other than suspension or
revocation—by giving the provider a reviewable decision notice;
or
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
[1.571] Section
35 (1), note
omit
s 198 (Notice of reviewable decisions to be given to affected
people)
substitute
s 199
[1.572] Section
81 (3) (a)
substitute
(a) if the decision is to take action other than suspension—by
giving the insurer a reviewable decision notice; or
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
[1.573] Section
82 (4) (a)
substitute
(a) if the decision is to take action other than suspension or
revocation—by giving the insurer a reviewable decision notice;
or
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
[1.574] Section
83 (1), note
omit
s 198 (Notice of reviewable decisions to be given to affected
people)
substitute
s 199
[1.575] Section
93 (3) (a)
substitute
(a) if the decision is to take action other than suspension—by
giving the self-insurer a reviewable decision notice; or
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
[1.576] Section
94 (3) (a)
substitute
(a) if the decision is to take action other than suspension or
revocation—by giving the self-insurer a reviewable decision notice;
or
Note The requirements for reviewable decision notices are prescribed
under the ACT Civil and Administrative Tribunal Act 2008.
[1.577] Section
95 (1), note
omit
s 198 (Notice of reviewable decisions to be given to affected
people)
substitute
s 199
substitute
98 Reviewable decisions—Act, ch 12, def
reviewable decision
A decision mentioned in schedule 3, column 3 under a provision mentioned in
column 2 in relation to the decision is prescribed.
98A Right of review and notice—Act, s 199 and s
199A (a)
An entity mentioned in schedule 2, column 4 is prescribed.
substitute
Schedule 3 Reviewable
decisions
(see s 98 and s 98A)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
entity
|
1
|
Act, 18 (3)
|
refuse to exempt principal from s 18 (2) (which makes commercial volunteers
workers)
|
applicant for exemption
|
2
|
Act, 145 (1)
|
refuse to approve insurer
|
applicant for approval
|
3
|
17 (1)
|
refuse to approve person as rehabilitation provider
|
applicant for approval
|
4
|
17 (2)
|
approve rehabilitation provider for less than 3 years
|
applicant for approval
|
5
|
28
|
impose condition on rehabilitation provider’s approval
|
rehabilitation provider
|
6
|
33
|
suspend rehabilitation provider’s approval, amend conditions of
rehabilitation provider’s approval or censure the approved rehabilitation
provider
|
rehabilitation provider that has approval suspended or that has conditions
amended or that is censured
|
7
|
34
|
revoke or suspend rehabilitation provider’s approval, amend
conditions of rehabilitation provider’s approval or censure the approved
rehabilitation provider
|
rehabilitation provider that has approval revoked or suspended or that has
conditions amended or that is censured
|
8
|
70
|
approve insurer for less than 3 years
|
applicant for approval
|
9
|
79
|
impose condition on insurer’s approval
|
insurer
|
10
|
81
|
suspend insurer’s approval, amend conditions of insurer’s
approval or censure the approved insurer
|
insurer that has approval suspended or conditions amended or that is
censured
|
11
|
82
|
suspend or revoke insurer’s approval, amend conditions of
insurer’s approval or censure the approved insurer
|
insurer that has approval revoked or suspended or conditions amended or
that is censured
|
12
|
87
|
refuse to exempt an employer from requirement to maintain compulsory
insurance policy
|
applicant for exemption
|
13
|
91
|
impose condition on employer’s exemption
|
employer
|
14
|
93
|
suspend self-insurer’s exemption, amend conditions of
self-insurer’s exemption or censure the self-insurer
|
self-insurer that has approval suspended or conditions amended or that is
censured
|
15
|
94
|
suspend or revoke self-insurer’s exemption, amend conditions of
self-insurer’s exemption or censure the self-insurer
|
self-insurer that has approval revoked or suspended or conditions amended
or that is censured
|
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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